General tax update for financial institutions in Asia Pacific · to a non-resident on borrowing of...
Transcript of General tax update for financial institutions in Asia Pacific · to a non-resident on borrowing of...
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
1
General tax update for financial institutions
in Asia Pacific
Regional co-ordinator and editor shy John Timpany KPMG China
Issue 51 March 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
2
Highlights
Release of the Final Report of the Financial System Inquiry
Tightening of the thin capitalisation provisions passed into law
A number of transfer pricing rulings issued by ATO
Temporary capital gains tax exemption for QFIIs and RQFIIs deriving A-
share gains announced
New Private Equity (ldquoPErdquo) fund tax exemption expected to be legislated
in 2015
FATCA Model 2 IGA signed with US
Hong Kong Government committed to implement the OECDrsquos Common
Reporting Standard
bull Concessional rate of withholding tax on the interest payments extended
to a non-resident on borrowing of long term bonds in foreign currency
New Bank Indonesia regulation imposes limitations on foreign financing
to non-banking Indonesian companies
lsquoOutline of the 2015 Tax Reform Proposalsrsquo announced
Capital gain tax on certain derivatives transaction
Change to the scope of VAT exempt financial services
The Finance (No 2) Act 2014 published
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
AUSTRALIA
JAPAN
MN
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
3
More stringent rules on deductibility of expenses
Enhanced substance requirements on companies holding Category 1
Global Business Licence become applicable
OECD BEPS action plan - New Zealand progress update
NZ Inland Revenuersquos 2015 Compliance Focus
FATCA and automatic exchange of information
Supreme Court ruled that certain SWIFT messages are not subject to
documentary stamp tax
Department of Finance prescribes mandatory use of e-filing
FATCA updates
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
Income Tax exemptions announced in Budget 2015
Amendment to the Capital gains tax regime for local individual investors
on securities transaction
Extension of reduced corporate income tax and personal income tax for
another year
Key changes on current Tax laws effective from 1 January 2015
Tax exemption for income from government bonds issued to
international market in 2014
New regulations and guidance on foreign exchange control
MAURITIUS
SINGAPORE
TAIWAN
VIETNAM
THAILAND
NEW ZEALAND
PHILIPPINES
SRI LANKA
NKA
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
4
Australia
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Legislative developments
Allowing foreign pension funds access to concessional withholding tax rates
On 30 October 2014 the Tax and Superannuation Laws Amendment (2014 Measures No 6) Bill
2014 was introduced to Parliament Among other things the Bill enables foreign pension funds
to access the existing managed investment trust (ldquoMITrdquo) withholding tax regime which allows
concessional rates of withholding tax on income earned from investments in Australian MITs It
also proposes
Tightening of safe harbour debt limits
Increasing the de minimis threshold from $250000 of debt deductions to $2 million and
Introducing a worldwide gearing test for inbound investors
Tightening the thin capitalisation rules
On 16 October 2014 the Tax and Superannuation Laws Amendment (2014 Measures No 4) Bill
2014 received Royal Assent bringing into effect the proposed changes to the thin capitalisation
regime (which apply to income years commencing on or after 1 July 2014) and a reform of the
provisions which exempt foreign non-portfolio dividends (which apply from the date of Assent)
The thin capitalisation reforms include
Tightening of safe harbour debt limits
Increasing the deminimis threshold below which the thin capitalisation rules do not apply
(from A$250000 of debt deductions to A$2m) and
Introducing a worldwide gearing test for inbound investors
Taxation rulings and determinations
Guidance on Bitcoins
On 20 August 2014 the Australian Taxation Office (ldquoATOrdquo) released draft guidance on the
income tax goods and services tax (ldquoGSTrdquo) and fringe benefits tax (ldquoFBTrdquo) treatment of Bitcoin
transactions
The ATOrsquos view is that Bitcoin is not money or foreign currency for tax purposes and rather
should be treated as akin to barter arrangements with similar tax consequences Australian
businesses will therefore need to record any gainslosses made from the creation acquisition
and disposal of Bitcoins as part of their ordinary income They must also charge GST on a
taxable supply of Bitcoins and may be subject to GST when receiving consideration in the form
of Bitcoins A supply of goods or services that is settled by Bitcoin will therefore also require
reciprocal tax invoices between GST-registered parties together with the associated record
keeping and reporting obligations
Taxation Ruling TR 20147 - Foreign currency hedging transactions
The ruling sets out when foreign currency (ldquoFXrdquo) hedging gains are considered foreign-sourced
and when FX hedging losses reasonably relate to foreign income
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
5
For taxpayers that undertake significant FX hedging these issues can affect their entitlement to
foreign income tax offsets (ldquoFITOsrdquo) Where FX losses exceed FX gains in a particular year a
taxpayer will lose their entitlement to FITOs for that year (notwithstanding that these FITOs may
relate to foreign taxes paid on other foreign income such as interest or dividends) This issue is
of particular significance to the managed funds industry
In the ATOrsquos view the source of FX hedging gains is the place where each individual FX contract
is formed
Taxation Ruling TR 20146 ndash Application of transfer pricing reconstruction provisions
The ruling outlines the Commissionerrsquos views on the application of the reconstruction provisions
as contained in the new transfer pricing regime The ruling covers situations where the
Commissioner may re-price reconstruct or disregard cross-border transactions should they not
be considered armrsquos-length
Taxation Ruling TR 20148 ndash Application of transfer pricing record keeping provisions
The ruling outlines the Commissionerrsquos views on the application of the legislated transfer pricing
documentation requirements If an entity does not meet these requirements the provisions
dealing with administrative penalties apply as though a matter was not reasonably arguable (and
thus subject to a higher penalty regime) The ATO incentivises taxpayers to enhance their
transfer pricing documentation by offering reduced penalties in the event of a transfer pricing
adjustment
This Ruling is part of a package of ATO guidance dealing with transfer pricing documentation
Practice Statement PS LA 20142 Administration of transfer pricing penalties for income
years commencing on or after 29 June 2013 and
Practice Statement PS LA 20143 Simplifying transfer pricing record keeping
Other developments
Release of Final Report of the Financial System Inquiry
On 7 December 2014 the Treasurer released the Final Report of the Financial System Inquiry
(the lsquoMurray Reviewrsquo) The report includes 44 recommendations of potential areas of reform of
the Australian financial system including 13 tax settings that potentially distort the allocation of
funding and risk in the economy (eg dividend imputation interest withholding tax GST not
currently levied on financial supplies etc)
The tax issues raised in the final report have been referred to the Federal Governmentrsquos Tax
White Paper process which is expected to commence in early 2015
ATO response to OECDG20 BEPS Project
Following the recent release of the the Organisation for Economic Co-operation and
Development (ldquoOECDrdquo) recommendations on the 7 Action Items to address Base Erosion and
Profit Shifting (ldquoBEPSrdquo) the ATO released a progress report setting out how they intend to
address certain Action Items In summary
Hybrid Mismatches The ATO is currently investigating examples of hybrid mismatches to
establish the level of risk before determining any potential action required
Harmful tax practices The ATO has set up an Integrated Tax Design team to improve
transparency and exchange of tax rulings related to preferential regimes
Treaty abuse The ATO has expressed a strong interest in developing a lsquoprincipal purpose
testrsquo because of the difficulties of applying Part IVA (anti avoidance provisions) to complex
offshore arrangements
Mid-Year Economic and Fiscal Outlook
On 15 December 2014 the Treasurer released the Federal Governmentrsquos Mid-Year Economic
and Fiscal Outlook (ldquoMYEFOrdquo) The following tax policy changes relevant to the financial
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
6
services sector were released under the report
Managed Investment Trusts (ldquoMITrdquo) minor changes will be made to better target the armrsquos
length integrity rule and also allow foreign life insurance companies access to the MIT
regime There will also be clarification provided on the tax treatment of tax deferred
distributions paid by MITs (effective from 1 July 2011)
Investment Manager Regime (ldquoIMRrdquo) updated exposure draft legislation on IMR Element 3
is to be released in early 2015 which will provide a tax exemption on the gains of widely
held foreign funds that have invested in certain financial arrangements in Australia The
proposed regime is expected to broadly reflect the UK equivalent Investment Manager
Exemption The regime is expected to apply from the 2015-16 income year but with an
option for investors to apply retrospectively from the 2011-12 income year
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
7
China
AUSTRALIA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The Ministry of Finance (ldquoMOFrdquo) China Securities Regulatory Commission (rdquoCSRCrdquo) and the
State Administration of Taxation (rdquoSATrdquo) jointly issued Caishui [2014] No 79 (rdquoCircular 79rdquo)
Notice on the Issues of Temporary Corporate Income Tax Exemption for Capital Gains Derived
from the transfer of PRC Shares and Equity Interests on 14 November 2014
Under Circular 79 Foreign Institutional Investors (ldquoQFIIsrdquo) and RMB Qualified Foreign
Institutional Investors (ldquoRQFIIsrdquo) are temporarily exempt from Corporate Income Tax
(ldquoCITrdquo) in respect of China sourced gains derived from the transfer of shares (and other
equity investments) on or after 17 November 2014
In respect of China sourced gains derived by QFIIs and RQFIIs from the transfer of shares
prior to 17 November 2014 Circular 79 prescribes that such gains would be subject to CIT
(ie 10 withholding tax) in accordance with the CIT Law
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
8
Hong Kong
AUSTRALIA
CHINA
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Private Equity fund tax exemption expected to be legislated in 2015
The Hong Kong Government recently completed industry consultation in relation to the proposed
new private equity (ldquoPErdquo) fund tax exemption which were initially announced by the Financial
Secretary in his 201314 budget speech It is expected that draft legislation will be introduced to
the Legislative Council in coming months
Existing Offshore Funds tax exemption
For PE funds the existing exemption has not been effective because it did not apply to
investments in private companies A further limitation is that investments need to be
arranged by a person licensed with the Securities and Futures Commission (ldquoSFCrdquo) In
practice managers of many PE funds are not required to obtain an SFC license
Expected changes and our comments
i Transactions in private companies
The current exemption will be expanded to cover a broad range of private companies
including those incorporated outside of Hong Kong unless at any time in the three
years prior to the relevant disposal of securities in a private company it either
1) carried on business in Hong Kong through a permanent establishment
2) directly or indirectly held equity interests in one or more private companies
carrying on business in Hong Kong through a permanent establishment or the
aggregate value of those equity interests was more than 10 of its own total
asset value or
3) held real estate in Hong Kong or directly or indirectly held equity interests in one
or more private companiesrsquo with direct or indirect holdings of real estate in Hong
Kong in addition the aggregate value of the Hong Kong real estate held by it plus
the value of the equity interests held in the other private companies exceeded
10 of the value of its own total asset value
To prevent round-tripping the existing deeming provisions will equally apply to offshore
private equity funds ie a resident person (alone or jointly with his associates) holding a
beneficial interest of 30 or more in a tax-exempt private equity fund will be deemed
to have derived assessable profits in respect of profits earned by the fund from
specified transactions and incidental transactions in Hong Kong
Exempt investments in private companies include investments in shares stocks
debentures loan stocks funds bonds or notes As such this should be broad enough
to cover most types of transactions typically entered into by PE funds
ii Bona fide private equity fund
This definition should capture most genuine PE funds being defined as an offshore PE
fund which at all times after its final closing has more than 4 investors (associates
being aggregated) having collectively committed more than 90 of the fundrsquos capital
In addition the fundsrsquo originator (and their associates) should not be entitled to more
than 30 of the net proceeds arising from fund transactions Funds which satisfy
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
9
these requirements would not need to have transactions carried out through or
arranged by an SFC-licensed person to benefit from the offshore funds exemption
iii Special Purpose Vehicles (ldquoSPVsrdquo)
Officials have agreed that the offshore funds exemption should also apply to profits
derived both by an SPV from an investment in a private company and by an offshore
fund from the disposal of an SPV which holds an investment in a private company
It is proposed that SPV will be defined quite broadly to include corporations
partnerships trustees or any other entity incorporated registered or appointed in or
outside Hong Kong The SPV can be wholly or partially owned by a non-resident be
established only for holding and administering one or more eligible portfolio companies
and would not be able to carry on any other trade or activity
Deeming provisions are also proposed to apply to resident person (alone or jointly with
his associates) holds a beneficial interest of 30 or more in a tax-exempt private equity
fund and the fund has a beneficial interest in an SPV that is exempt
For a number of years the Hong Kong PE fund industry has been at a competitive disadvantage
when compared to other fund centres (in particular Singapore) as there has not been a specific
tax exemption clearly applicable to offshore PE funds with Hong Kong-based deal teams
The key benefit of the expected changes is that it will provide investment professionals based in
Hong Kong with greater flexibility in undertaking their daily tasks without the concern about
creating a tax exposure in Hong Kong for the fund that they represent
We recommend that funds operating in Hong Kong start considering changes in anticipation of
the pending legislation This may include
Changes to existing operating protocols and the time to implement them
Amendments to and simplification of existing fund structures and
Preparing or updating transfer pricing support documentation for fees paid to Hong Kong
investment advisors to reflect activities intended to be performed in Hong Kong going
forward
Other developments
Hong Kong signs Model 2 IGA under FATCA
The US Foreign Account Tax Compliance Act (ldquoFATCArdquo) is a US law designed to combat tax
evasion by US citizens and residents through the use of offshore accounts and investments
Generally FATCA requires the identification and reporting of US taxpayers by Foreign Financial
Institutions (ldquoFFIsrdquo) outside of the US to the US Internal Revenue Service (ldquoIRSrdquo) In certain
instances FATCA withholding at the rate of 30 may also apply to certain types of US sourced
income
Within Asia Pacific only Australia New Zealand Hong Kong and Japan have signed
Intergovernmental Agreements (ldquoIGAsrdquo) with the US Treasury to-date thereby defining their
obligations and exemptions under FATCA andor local law In particular the Hong Kong IGA
covers certain exemptions for financial institutions or products including Mandatory Provident
Fund schemes registered financial institutions with a local client base certain investment
advisers and investment managers established in Hong Kong
While the Hong Kong IGA largely mitigates the need for FATCA withholding it could still apply
where withholdable payments (US source income or proceeds from the sale of property that
generates US source income) are made to overseas Non-Participating FFIs
Under the IGA FFIs in Hong Kong may rely on a set of streamlined due diligence procedures to
screen and identify US indicia in order to locate US accounts and clients for reporting purposes
For example in determining whether a new individual account is a US account based on a
customized self-certification received from the applicant rather than more esoteric procedures
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
10
under FATCA regulations such as the use of US-centric withholding certificates FFIs are
required however to confirm the reasonableness of such certification which can be
accomplished by reference to other documents obtained during the account opening process
FFIs are required to report the relevant account information of US taxpayers directly to the IRS
under the Model 2 IGA adopted by Hong Kong This is supplemented by group requests made
by the IRS to the Hong Kong Inland Revenue Department for exchange of information on
relevant US taxpayers at a government level on a need basis We expect that local authorities
will only be involved by exception
One of the largest misconceptions about FATCA is that FFIs without US customers will not be
impacted While the reporting aspects of FATCA are reduced when there are no US customers
the primary responsibility conferred upon FFIs is to be able to identify US customers through the
new client due diligence process as well as through pre-existing client remediation
Furthermore companies that are not normally considered financial institutions may still be
considered FFIs under the Hong Kong IGA (ie under the headings of custodial institution
depository institution investment entity or specified insurance company) and may have due
diligence and reporting requirements under FATCA
Hong Kong takes a major step towards the automatic exchange of information
In August 2014 the Organisation for Economic Co-operation and Development (ldquoOECDrdquo)
published the first edition of the Standard for Automatic Exchange of Financial Account
Information in Tax (the Common Reporting Standard) which was presented to the G20 Finance
Ministers and Central Bank Governors at their meeting in Cairns Australia on 20-21 September
2014 and is intended to facilitate the automatic exchange of financial information
Hong Kong was quick to respond directly and positively to the Global Forum on Transparency
and Exchange of Information for Tax Purposes (ldquoGlobal Forumrdquo) of which it is a member In an
announcement on 15 September 2015 Secretary for Financial Services and the Treasury
Professor KC Chan committed to implementing the Common Reporting Standard and said
ldquoIt is crucial for Hong Kong to adopt the latest global standard on tax transparency in order to
maintain our international reputation and competitiveness as an international financial and
business centrerdquo
Current legislation in Hong Kong precludes the exchange of information other than on a request
basis In order to adopt and implement the Common Reporting Standard appropriate legislation
will be required The secretary further announced that the HKSAR Government would soon
engage stakeholders address policy and legal issues and ultimately seek the Legislative
Councilrsquos approval for the legislation
This approach is similar to that adopted in introducing the legislation enacted in July 2013 to
enable Hong Kong to enter into standalone tax information exchange agreements (ldquoTIEArdquo) The
consultation process started in mid- to late 2012 and included extensive consultations with
business and industry bodies as well as legal financial and accountancy representative groups
We expect a similar process for the introduction of the Common Reporting Standard although
given the Global Forumrsquos anticipated commencement date of 2018 the necessary agreements
to properly implement the Common Reporting Standard and the required administrative
measures the government may need to work to a strict schedule
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
11
India
AUSTRALIA
CHINA
HONG KONG
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Cases
Gains arising in the hands of a Mauritian company from sale of equity shares and
Compulsory Convertible Debentures (rdquoCCDsrdquo) of an Indian company are not taxable as
interest income in India
Zaheer Mauritius v DIT International Taxation II [WP (C) 16482013 ampCM No 31052013]
(Delhi)
The taxpayer was a company incorporated and tax resident in Mauritius The taxpayer along with
Vatika Limited (ldquoVatikardquo) an Indian company invested in SH Techpark Developers Ltd (ldquoJV
companyrdquo) to undertake development of a real estate project in India
The taxpayer entered into a Securities Subscription Agreement (ldquoSSArdquo) and a Shareholderrsquos
Agreement (ldquoSHArdquo) with Vatika and the JV company The SHA recorded the terms of the
relationship between the taxpayer Vatika and the JV company their rights and obligations
including matters relating to transfer of equity shares and the management and operation of the
JV company
As per the SSA the taxpayer agreed to acquire 35 per cent ownership interest in the JV
company by making a total investment of INR1 billion in five tranches The taxpayer agreed to
subscribe to 46307 equity shares with a par value of INR10 each and 882585590 zero per cent
CCDs with a par value of INR1 each in a planned and phased manner The SHA also provided
for a call option to be given to Vatika by the taxpayer to acquire all the securities during the
option period and likewise a put option was given to the taxpayer by Vatika to sell to Vatika all
the securities during the determined period
Vatika partly exercised the call option and purchased 22924 equity shares and 436924490
CCDs from the taxpayer for a total consideration of INR800 million Subsequently the taxpayer
transferred further equity shares and CCDs to Vatika
The taxpayer filed an application with the Authority for Advance Ruling (ldquoAARrdquo) The AAR
concluded that the entire transaction which is embodied in the SSA SHA and other documents
was a sham and the real transaction was only of the taxpayer granting a loan to Vatika Based on
Article 10 of the SHA the AAR concluded that these agreements indicated that the taxpayer
would receive a fixed rate of return Accordingly the AAR held that the entire gains on the sale
of equity shares and CCDs held by the taxpayer were interest within the meaning of Section
2(28A) of the Act and Article 11 of the India-Mauritius tax treaty and were taxable in India
The taxpayer filed a writ petition before the Delhi High Court The High Court observed that
there was sufficient commercial reason for the taxpayer to have routed its investment from
Mauritius into the real estate project in India through equity shares and CCDs Thus the legal
nature of CCDs could not be ignored and the corporate veil between the Indian investee
company and the Indian JV company could not be lifted
Therefore the High Court held that the gains from sale of equity shares and CCDs are not
taxable as interest under the Act and the India-Mauritius tax treaty
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
12
Share sale transaction between Joint Venture (ldquoJVrdquo) partners resulting in loss is not a
lsquocolourable devicersquo
CIT v Siel Ltd (ITA No 16162010 and ITA No 16192010)
The taxpayer had entered into a JV agreement followed by a first amendatory agreement with
Plansee Tizit Aktiengesellschaft (ldquoPlanseerdquo) an Austrian company The agreement was entered
into for setting-up and forming the company Siel Tizit Ltd to carry on business of manufacture
sale distribution export and other dealings in hard metals
The two JV partners equally acquired the paid-up equity capital of 15 million equity shares of
INR10 per share During the year under consideration the JV declared a rights issue of six
million equity shares The taxpayer renounced its entitlement to subscribe 3 million equity
shares in the rights issue Thereafter Planseersquos shareholding increased to 583 per cent while
the taxpayerrsquos share holding decreased to 417 per cent
Subsequently the taxpayer and Plansee entered into an agreement whereby Seil Tezit Ltd
proposed to offer 10 million fresh equity shares for cash at par on a rights basis but the taxpayer
due to financial difficulties was unable to subscribe for the shares Therefore the taxpayer
decided to renounce the rights in favour of Plansee
Further on taxpayerrsquos request Plansee agreed to buy the taxpayerrsquos 127 million shareholding for
a consideration of USD600000 which on conversion came to INR202 per share with face value
of INR10 each This resulted in book loss of INR1012 million or indexed loss of INR1362 million
on capital account
The Assessing Officer (ldquoAOrdquo) did not accept the said capital loss and challenged the transaction
The Delhi High Court held that the said transaction had commercial or business reasons The
High Court observed that the Ministry of Industry had granted approval for purchasesale of
shares Further the Reserve Bank of India (rdquoRBIrdquo) had given no objection to the transaction
permitting JV partners to acquire shares in the JV from the taxpayer The reliance of the
taxpayer on the valuation report was also accepted by the RBI when they granted express
permission
Taxation rulings and determinations
Central Board of Direct Taxation (ldquoCBDTrsquo) extends the concessional rate (5 per cent) of
withholding tax on the interest payments to a non-resident on borrowing by way of any
long term bonds in foreign currency
Section 194LC of the Income-tax Act 1961 (ldquothe Actrdquo) was introduced by the Finance Act 2012
It provides a lower withholding tax at the rate of 5 per cent on the interest payments by Indian
companies on borrowings made in foreign currency from a source outside India
The benefit is available in respect of borrowings made either under an agreement or by way of
issue of long term infrastructure bonds The section further provides that such borrowing and
the rate of interest should be approved by the Central Government
Subsequently with a view to lower the compliance burden and reduce the time lag which would
have arisen on account of case-by-case approval the Central Government had decided to grant
approval to all borrowings under loan agreements and long term infrastructure bonds provided
they satisfy prescribed conditions
The Finance (No 2) Act 2014 further extended the concessional rate of withholding tax on
borrowing any long term bonds not limited to a long term infrastructure bond if the borrowing is
made on or after 1 October 2014 Further the concluding date of the period of borrowings
eligible for concession under Section 194LC of the Act has been extended to borrowings made
before the 1 July 2017 and approved by the Central Government
In order to mitigate the compliance burden the CBDT has now issued a Circular conveying the
approval of the Central Government on long term bonds including long term infrastructure bonds
which satisfy the prescribed conditions laid down in the circular
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
13
Other developments
Agreement for avoidance of double taxation and prevention of fiscal evasion with Fiji
The Government of India has announced its tax treaty with the Government of Fiji on 12 August
2014 The tax treaty was signed on 30 January 2014 and will be effective from 1 April 2015
The tax treaty expands the scope of a Permanent Establishment (rdquoPErdquo) by including insurance
PE The tax treaty taxes royalties and fees for technical services at 10 per cent dividend at 5 per
cent and interest at 10 per cent The provisions of the tax treaty do not prevent the contracting
states from applying provisions of the domestic law and measures of tax avoidance or tax
evasion by having clauses on limitation of benefit and exchange of information
India signs first bilateral APA with Japan
On 19 December 2014 the CBDT signed a bilateral Advance Pricing Agreement (ldquoAPArdquo) with a
Japanese company This is Indiarsquos first bilateral APA which has been signed for a period of five
years CBDT announced that this bilateral APA was finalised in one and half years
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
14
Indonesia
AUSTRALIA
CHINA
HONG KONG
INDIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Bank Indonesia Regulation Imposes Limitations on Foreign Financing by Indonesian
Companies
On October 28 2014 Bank Indonesia the Indonesian central bank issued BI Regulation No
1620PBI2014 on Prudential Principles in the Management of Offshore Borrowing for Non-Bank
Institutions (ldquoBI Regulation 16rdquo) which imposes significant restrictions on new offshore financing
arrangements entered into by non-banking institutions in Indonesia The new BI Regulation 16
will force Indonesian non-banking corporations to apply prudent fiscal management regarding
foreign debt
The regulation came into effect on 1 January 2015 and requires Indonesian non-banking
borrowers to satisfy certain minimum hedging and liquidity ratios in relation to their external
indebtedness In particular the regulation requires Indonesian companies who borrow from
offshore source to fulfill three prudential criteria
Hedging ratio From 1 January to 31 December 2015 at least 20 percent of the difference
between foreign currency external indebtedness which will be due in the following six
months and foreign currency assets is required to be hedged Commencing from 1 January
2016 the ratio will be increased to 25 percent
Liquidity ratio From 1 January to 31 December 2015 the minimum ratio of foreign currency
assets to external indebtedness which will be due in the following three months is required
to be 50 percent Commencing from 1 January 2016 the ratio will be increased to 70
percent
Credit rating Commencing from 1 January 2016 any non-banking borrowers must have a
minimum BB rating or its equivalent from an authorized ratings agency
Furthermore under the new BI Regulation 16 non-banking institutions in Indonesia will be
required to submit quarterly report to Bank Indonesia detailing their hedging and liquidity ratios
It appears that no criminal or monetary sanctions will be imposed on borrowers or lenders who
contravene the three prudential criteria However Bank Indonesia will begin imposing
administrative sanctions in the form of warning letters to ldquorelated partiesrdquo in the transaction
including the lenders who are providing the non-compliant debt and disclose to other regulators
such as the Capital Markets Supervisory Authority or OJK which could implement wider-ranging
sanctions under the capital markets regulations for non-compliance
The newly published BI Regulation 16 may force Indonesian corporate borrowers to refinance
their external borrowings in order to meet the criteria However there are still uncertainties
surrounding the detail on how these hedging and liquidity ratios will be calculated The new BI
Regulation 16 is also likely to influence policymakers to review any potential debt leveraging
under the current ldquoThin Capitalisationrdquo concept
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
15
Japan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The ruling coalition (the Liberal Democratic Party and New Komeito) agreed on the lsquoOutline of
the 2015 Tax Reform Proposalsrsquo (ldquoProposalrdquo) on 30 December 2014 We have set out below
brief summaries of the main points of the Proposal
The Proposal itself is only an indicative outline and is unclear with respect to some of the
contemplated changes The details of the tax reform will be unveiled in the bills revising the tax
laws and the succeeding amended tax laws cabinet orders and ministerial ordinances Please
note that the final tax reform could differ from the Proposal depending on the outcome of
discussions in the Diet
Corporate tax rates
Reduction in Effective Corporate Tax Rates
Under the Proposal there will be reductions in the national and local tax rates such that the
effective corporate tax rate should reduce as follows for large sized companies
Current tax law Proposal
Fiscal years beginning
between 1 April 2014
and 31 March 2015
Fiscal years beginning
between 1 April 2015
and 31 March 2016
Fiscal years beginning
on or after 1 April 2016
3462 3211 3133
-
Reduced by 251
compared with
the current tax rate
Reduced by 329
compared with
the current tax rate
The above effective tax rates take into account the tax deductibility of special local
corporation tax and business tax payments and are calculated using the standard tax rates
applied to a company whose stated capital is over JPY100 million
The effective corporate tax rate using Tokyo tax rates applied to a company whose stated
capital is over JPY100 million is currently 3564 percent and the future tax rates will be
available after the business tax rates (income component) for Tokyo are determined in the
range between the standard rates and the maximum tax rates
Size-based Business Tax
Size-based business tax to be levied based on corporate business size not on corporate
incomerevenue as consideration for administration services provided by local governments
was introduced in 2004 Under the 2015 tax reform amendments to size-based business
tax (including increases in tax rates) are proposed in order to make up for lost tax revenues
caused by the reduction of the effective corporate tax rates
Corporate taxation
Tax Loss Carry-forwards
The tax loss carry-forward rules will be amended as below
i Deductible amount of tax losses
The deductible amount of tax losses brought forward will be reduced as follows for
large-sized companies (generally capital over JPY100 million)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
16
Current tax law
Proposal
Fiscal years beginning
between
1 April 2015 and 31 March
2017
Fiscal years beginning on
or after
1 April 2017
Up to 80
of taxable income for
the fiscal year
Up to 65
of taxable income for the
fiscal year
Up to 50
of taxable income for the
fiscal year
ii Tax loss carry-forward period
The tax loss carry-forward period will be extended from 9 years to 10 years As a
result the preservation period for accounting documents the statute of limitations for
corrections by the tax authorities with respect to tax losses and requests for correction
by taxpayers with respect to tax losses will also be extended from 9 years to 10 years
These amendments will be applied to tax losses incurred in fiscal years beginning on or
after 1 April 2017
Dividends Received Deduction
The rules concerning the dividends received deduction are proposed to change as follows
i Excludable ratios for dividends derived from shares
Current tax law
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio 25 or more)
(Dividends received - Interest on debts) x 100
Shares other than the above (Dividends received - Interest on debts) x 50
Proposal
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio more than 13)
(Dividends received - Interest on
debts) x 100
Other shares
(ownership ratio more than 5 but 13 or less)
Dividends received x 50
Non-controlling shares
( ownership ratio 5 or less)
Dividends received x 20
1) The special measure for non-life insurance companies with respect to interest on debts
will be abolished
2) A special measure to enable blue-return filing insurance companies to exclude 40
percent of dividends derived from non-controlling shares from their taxable income will
be introduced
ii Excludable ratios of distribution of profits from investment trusts
Current tax law Proposal
Equity
investment
trusts
(Distribution of profits x 12 (or 14) -
Interest on debts) x 50 0
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
2
Highlights
Release of the Final Report of the Financial System Inquiry
Tightening of the thin capitalisation provisions passed into law
A number of transfer pricing rulings issued by ATO
Temporary capital gains tax exemption for QFIIs and RQFIIs deriving A-
share gains announced
New Private Equity (ldquoPErdquo) fund tax exemption expected to be legislated
in 2015
FATCA Model 2 IGA signed with US
Hong Kong Government committed to implement the OECDrsquos Common
Reporting Standard
bull Concessional rate of withholding tax on the interest payments extended
to a non-resident on borrowing of long term bonds in foreign currency
New Bank Indonesia regulation imposes limitations on foreign financing
to non-banking Indonesian companies
lsquoOutline of the 2015 Tax Reform Proposalsrsquo announced
Capital gain tax on certain derivatives transaction
Change to the scope of VAT exempt financial services
The Finance (No 2) Act 2014 published
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
AUSTRALIA
JAPAN
MN
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
3
More stringent rules on deductibility of expenses
Enhanced substance requirements on companies holding Category 1
Global Business Licence become applicable
OECD BEPS action plan - New Zealand progress update
NZ Inland Revenuersquos 2015 Compliance Focus
FATCA and automatic exchange of information
Supreme Court ruled that certain SWIFT messages are not subject to
documentary stamp tax
Department of Finance prescribes mandatory use of e-filing
FATCA updates
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
Income Tax exemptions announced in Budget 2015
Amendment to the Capital gains tax regime for local individual investors
on securities transaction
Extension of reduced corporate income tax and personal income tax for
another year
Key changes on current Tax laws effective from 1 January 2015
Tax exemption for income from government bonds issued to
international market in 2014
New regulations and guidance on foreign exchange control
MAURITIUS
SINGAPORE
TAIWAN
VIETNAM
THAILAND
NEW ZEALAND
PHILIPPINES
SRI LANKA
NKA
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
4
Australia
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Allowing foreign pension funds access to concessional withholding tax rates
On 30 October 2014 the Tax and Superannuation Laws Amendment (2014 Measures No 6) Bill
2014 was introduced to Parliament Among other things the Bill enables foreign pension funds
to access the existing managed investment trust (ldquoMITrdquo) withholding tax regime which allows
concessional rates of withholding tax on income earned from investments in Australian MITs It
also proposes
Tightening of safe harbour debt limits
Increasing the de minimis threshold from $250000 of debt deductions to $2 million and
Introducing a worldwide gearing test for inbound investors
Tightening the thin capitalisation rules
On 16 October 2014 the Tax and Superannuation Laws Amendment (2014 Measures No 4) Bill
2014 received Royal Assent bringing into effect the proposed changes to the thin capitalisation
regime (which apply to income years commencing on or after 1 July 2014) and a reform of the
provisions which exempt foreign non-portfolio dividends (which apply from the date of Assent)
The thin capitalisation reforms include
Tightening of safe harbour debt limits
Increasing the deminimis threshold below which the thin capitalisation rules do not apply
(from A$250000 of debt deductions to A$2m) and
Introducing a worldwide gearing test for inbound investors
Taxation rulings and determinations
Guidance on Bitcoins
On 20 August 2014 the Australian Taxation Office (ldquoATOrdquo) released draft guidance on the
income tax goods and services tax (ldquoGSTrdquo) and fringe benefits tax (ldquoFBTrdquo) treatment of Bitcoin
transactions
The ATOrsquos view is that Bitcoin is not money or foreign currency for tax purposes and rather
should be treated as akin to barter arrangements with similar tax consequences Australian
businesses will therefore need to record any gainslosses made from the creation acquisition
and disposal of Bitcoins as part of their ordinary income They must also charge GST on a
taxable supply of Bitcoins and may be subject to GST when receiving consideration in the form
of Bitcoins A supply of goods or services that is settled by Bitcoin will therefore also require
reciprocal tax invoices between GST-registered parties together with the associated record
keeping and reporting obligations
Taxation Ruling TR 20147 - Foreign currency hedging transactions
The ruling sets out when foreign currency (ldquoFXrdquo) hedging gains are considered foreign-sourced
and when FX hedging losses reasonably relate to foreign income
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
5
For taxpayers that undertake significant FX hedging these issues can affect their entitlement to
foreign income tax offsets (ldquoFITOsrdquo) Where FX losses exceed FX gains in a particular year a
taxpayer will lose their entitlement to FITOs for that year (notwithstanding that these FITOs may
relate to foreign taxes paid on other foreign income such as interest or dividends) This issue is
of particular significance to the managed funds industry
In the ATOrsquos view the source of FX hedging gains is the place where each individual FX contract
is formed
Taxation Ruling TR 20146 ndash Application of transfer pricing reconstruction provisions
The ruling outlines the Commissionerrsquos views on the application of the reconstruction provisions
as contained in the new transfer pricing regime The ruling covers situations where the
Commissioner may re-price reconstruct or disregard cross-border transactions should they not
be considered armrsquos-length
Taxation Ruling TR 20148 ndash Application of transfer pricing record keeping provisions
The ruling outlines the Commissionerrsquos views on the application of the legislated transfer pricing
documentation requirements If an entity does not meet these requirements the provisions
dealing with administrative penalties apply as though a matter was not reasonably arguable (and
thus subject to a higher penalty regime) The ATO incentivises taxpayers to enhance their
transfer pricing documentation by offering reduced penalties in the event of a transfer pricing
adjustment
This Ruling is part of a package of ATO guidance dealing with transfer pricing documentation
Practice Statement PS LA 20142 Administration of transfer pricing penalties for income
years commencing on or after 29 June 2013 and
Practice Statement PS LA 20143 Simplifying transfer pricing record keeping
Other developments
Release of Final Report of the Financial System Inquiry
On 7 December 2014 the Treasurer released the Final Report of the Financial System Inquiry
(the lsquoMurray Reviewrsquo) The report includes 44 recommendations of potential areas of reform of
the Australian financial system including 13 tax settings that potentially distort the allocation of
funding and risk in the economy (eg dividend imputation interest withholding tax GST not
currently levied on financial supplies etc)
The tax issues raised in the final report have been referred to the Federal Governmentrsquos Tax
White Paper process which is expected to commence in early 2015
ATO response to OECDG20 BEPS Project
Following the recent release of the the Organisation for Economic Co-operation and
Development (ldquoOECDrdquo) recommendations on the 7 Action Items to address Base Erosion and
Profit Shifting (ldquoBEPSrdquo) the ATO released a progress report setting out how they intend to
address certain Action Items In summary
Hybrid Mismatches The ATO is currently investigating examples of hybrid mismatches to
establish the level of risk before determining any potential action required
Harmful tax practices The ATO has set up an Integrated Tax Design team to improve
transparency and exchange of tax rulings related to preferential regimes
Treaty abuse The ATO has expressed a strong interest in developing a lsquoprincipal purpose
testrsquo because of the difficulties of applying Part IVA (anti avoidance provisions) to complex
offshore arrangements
Mid-Year Economic and Fiscal Outlook
On 15 December 2014 the Treasurer released the Federal Governmentrsquos Mid-Year Economic
and Fiscal Outlook (ldquoMYEFOrdquo) The following tax policy changes relevant to the financial
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
6
services sector were released under the report
Managed Investment Trusts (ldquoMITrdquo) minor changes will be made to better target the armrsquos
length integrity rule and also allow foreign life insurance companies access to the MIT
regime There will also be clarification provided on the tax treatment of tax deferred
distributions paid by MITs (effective from 1 July 2011)
Investment Manager Regime (ldquoIMRrdquo) updated exposure draft legislation on IMR Element 3
is to be released in early 2015 which will provide a tax exemption on the gains of widely
held foreign funds that have invested in certain financial arrangements in Australia The
proposed regime is expected to broadly reflect the UK equivalent Investment Manager
Exemption The regime is expected to apply from the 2015-16 income year but with an
option for investors to apply retrospectively from the 2011-12 income year
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
7
China
AUSTRALIA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The Ministry of Finance (ldquoMOFrdquo) China Securities Regulatory Commission (rdquoCSRCrdquo) and the
State Administration of Taxation (rdquoSATrdquo) jointly issued Caishui [2014] No 79 (rdquoCircular 79rdquo)
Notice on the Issues of Temporary Corporate Income Tax Exemption for Capital Gains Derived
from the transfer of PRC Shares and Equity Interests on 14 November 2014
Under Circular 79 Foreign Institutional Investors (ldquoQFIIsrdquo) and RMB Qualified Foreign
Institutional Investors (ldquoRQFIIsrdquo) are temporarily exempt from Corporate Income Tax
(ldquoCITrdquo) in respect of China sourced gains derived from the transfer of shares (and other
equity investments) on or after 17 November 2014
In respect of China sourced gains derived by QFIIs and RQFIIs from the transfer of shares
prior to 17 November 2014 Circular 79 prescribes that such gains would be subject to CIT
(ie 10 withholding tax) in accordance with the CIT Law
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
8
Hong Kong
AUSTRALIA
CHINA
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Private Equity fund tax exemption expected to be legislated in 2015
The Hong Kong Government recently completed industry consultation in relation to the proposed
new private equity (ldquoPErdquo) fund tax exemption which were initially announced by the Financial
Secretary in his 201314 budget speech It is expected that draft legislation will be introduced to
the Legislative Council in coming months
Existing Offshore Funds tax exemption
For PE funds the existing exemption has not been effective because it did not apply to
investments in private companies A further limitation is that investments need to be
arranged by a person licensed with the Securities and Futures Commission (ldquoSFCrdquo) In
practice managers of many PE funds are not required to obtain an SFC license
Expected changes and our comments
i Transactions in private companies
The current exemption will be expanded to cover a broad range of private companies
including those incorporated outside of Hong Kong unless at any time in the three
years prior to the relevant disposal of securities in a private company it either
1) carried on business in Hong Kong through a permanent establishment
2) directly or indirectly held equity interests in one or more private companies
carrying on business in Hong Kong through a permanent establishment or the
aggregate value of those equity interests was more than 10 of its own total
asset value or
3) held real estate in Hong Kong or directly or indirectly held equity interests in one
or more private companiesrsquo with direct or indirect holdings of real estate in Hong
Kong in addition the aggregate value of the Hong Kong real estate held by it plus
the value of the equity interests held in the other private companies exceeded
10 of the value of its own total asset value
To prevent round-tripping the existing deeming provisions will equally apply to offshore
private equity funds ie a resident person (alone or jointly with his associates) holding a
beneficial interest of 30 or more in a tax-exempt private equity fund will be deemed
to have derived assessable profits in respect of profits earned by the fund from
specified transactions and incidental transactions in Hong Kong
Exempt investments in private companies include investments in shares stocks
debentures loan stocks funds bonds or notes As such this should be broad enough
to cover most types of transactions typically entered into by PE funds
ii Bona fide private equity fund
This definition should capture most genuine PE funds being defined as an offshore PE
fund which at all times after its final closing has more than 4 investors (associates
being aggregated) having collectively committed more than 90 of the fundrsquos capital
In addition the fundsrsquo originator (and their associates) should not be entitled to more
than 30 of the net proceeds arising from fund transactions Funds which satisfy
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
9
these requirements would not need to have transactions carried out through or
arranged by an SFC-licensed person to benefit from the offshore funds exemption
iii Special Purpose Vehicles (ldquoSPVsrdquo)
Officials have agreed that the offshore funds exemption should also apply to profits
derived both by an SPV from an investment in a private company and by an offshore
fund from the disposal of an SPV which holds an investment in a private company
It is proposed that SPV will be defined quite broadly to include corporations
partnerships trustees or any other entity incorporated registered or appointed in or
outside Hong Kong The SPV can be wholly or partially owned by a non-resident be
established only for holding and administering one or more eligible portfolio companies
and would not be able to carry on any other trade or activity
Deeming provisions are also proposed to apply to resident person (alone or jointly with
his associates) holds a beneficial interest of 30 or more in a tax-exempt private equity
fund and the fund has a beneficial interest in an SPV that is exempt
For a number of years the Hong Kong PE fund industry has been at a competitive disadvantage
when compared to other fund centres (in particular Singapore) as there has not been a specific
tax exemption clearly applicable to offshore PE funds with Hong Kong-based deal teams
The key benefit of the expected changes is that it will provide investment professionals based in
Hong Kong with greater flexibility in undertaking their daily tasks without the concern about
creating a tax exposure in Hong Kong for the fund that they represent
We recommend that funds operating in Hong Kong start considering changes in anticipation of
the pending legislation This may include
Changes to existing operating protocols and the time to implement them
Amendments to and simplification of existing fund structures and
Preparing or updating transfer pricing support documentation for fees paid to Hong Kong
investment advisors to reflect activities intended to be performed in Hong Kong going
forward
Other developments
Hong Kong signs Model 2 IGA under FATCA
The US Foreign Account Tax Compliance Act (ldquoFATCArdquo) is a US law designed to combat tax
evasion by US citizens and residents through the use of offshore accounts and investments
Generally FATCA requires the identification and reporting of US taxpayers by Foreign Financial
Institutions (ldquoFFIsrdquo) outside of the US to the US Internal Revenue Service (ldquoIRSrdquo) In certain
instances FATCA withholding at the rate of 30 may also apply to certain types of US sourced
income
Within Asia Pacific only Australia New Zealand Hong Kong and Japan have signed
Intergovernmental Agreements (ldquoIGAsrdquo) with the US Treasury to-date thereby defining their
obligations and exemptions under FATCA andor local law In particular the Hong Kong IGA
covers certain exemptions for financial institutions or products including Mandatory Provident
Fund schemes registered financial institutions with a local client base certain investment
advisers and investment managers established in Hong Kong
While the Hong Kong IGA largely mitigates the need for FATCA withholding it could still apply
where withholdable payments (US source income or proceeds from the sale of property that
generates US source income) are made to overseas Non-Participating FFIs
Under the IGA FFIs in Hong Kong may rely on a set of streamlined due diligence procedures to
screen and identify US indicia in order to locate US accounts and clients for reporting purposes
For example in determining whether a new individual account is a US account based on a
customized self-certification received from the applicant rather than more esoteric procedures
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
10
under FATCA regulations such as the use of US-centric withholding certificates FFIs are
required however to confirm the reasonableness of such certification which can be
accomplished by reference to other documents obtained during the account opening process
FFIs are required to report the relevant account information of US taxpayers directly to the IRS
under the Model 2 IGA adopted by Hong Kong This is supplemented by group requests made
by the IRS to the Hong Kong Inland Revenue Department for exchange of information on
relevant US taxpayers at a government level on a need basis We expect that local authorities
will only be involved by exception
One of the largest misconceptions about FATCA is that FFIs without US customers will not be
impacted While the reporting aspects of FATCA are reduced when there are no US customers
the primary responsibility conferred upon FFIs is to be able to identify US customers through the
new client due diligence process as well as through pre-existing client remediation
Furthermore companies that are not normally considered financial institutions may still be
considered FFIs under the Hong Kong IGA (ie under the headings of custodial institution
depository institution investment entity or specified insurance company) and may have due
diligence and reporting requirements under FATCA
Hong Kong takes a major step towards the automatic exchange of information
In August 2014 the Organisation for Economic Co-operation and Development (ldquoOECDrdquo)
published the first edition of the Standard for Automatic Exchange of Financial Account
Information in Tax (the Common Reporting Standard) which was presented to the G20 Finance
Ministers and Central Bank Governors at their meeting in Cairns Australia on 20-21 September
2014 and is intended to facilitate the automatic exchange of financial information
Hong Kong was quick to respond directly and positively to the Global Forum on Transparency
and Exchange of Information for Tax Purposes (ldquoGlobal Forumrdquo) of which it is a member In an
announcement on 15 September 2015 Secretary for Financial Services and the Treasury
Professor KC Chan committed to implementing the Common Reporting Standard and said
ldquoIt is crucial for Hong Kong to adopt the latest global standard on tax transparency in order to
maintain our international reputation and competitiveness as an international financial and
business centrerdquo
Current legislation in Hong Kong precludes the exchange of information other than on a request
basis In order to adopt and implement the Common Reporting Standard appropriate legislation
will be required The secretary further announced that the HKSAR Government would soon
engage stakeholders address policy and legal issues and ultimately seek the Legislative
Councilrsquos approval for the legislation
This approach is similar to that adopted in introducing the legislation enacted in July 2013 to
enable Hong Kong to enter into standalone tax information exchange agreements (ldquoTIEArdquo) The
consultation process started in mid- to late 2012 and included extensive consultations with
business and industry bodies as well as legal financial and accountancy representative groups
We expect a similar process for the introduction of the Common Reporting Standard although
given the Global Forumrsquos anticipated commencement date of 2018 the necessary agreements
to properly implement the Common Reporting Standard and the required administrative
measures the government may need to work to a strict schedule
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
11
India
AUSTRALIA
CHINA
HONG KONG
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
Gains arising in the hands of a Mauritian company from sale of equity shares and
Compulsory Convertible Debentures (rdquoCCDsrdquo) of an Indian company are not taxable as
interest income in India
Zaheer Mauritius v DIT International Taxation II [WP (C) 16482013 ampCM No 31052013]
(Delhi)
The taxpayer was a company incorporated and tax resident in Mauritius The taxpayer along with
Vatika Limited (ldquoVatikardquo) an Indian company invested in SH Techpark Developers Ltd (ldquoJV
companyrdquo) to undertake development of a real estate project in India
The taxpayer entered into a Securities Subscription Agreement (ldquoSSArdquo) and a Shareholderrsquos
Agreement (ldquoSHArdquo) with Vatika and the JV company The SHA recorded the terms of the
relationship between the taxpayer Vatika and the JV company their rights and obligations
including matters relating to transfer of equity shares and the management and operation of the
JV company
As per the SSA the taxpayer agreed to acquire 35 per cent ownership interest in the JV
company by making a total investment of INR1 billion in five tranches The taxpayer agreed to
subscribe to 46307 equity shares with a par value of INR10 each and 882585590 zero per cent
CCDs with a par value of INR1 each in a planned and phased manner The SHA also provided
for a call option to be given to Vatika by the taxpayer to acquire all the securities during the
option period and likewise a put option was given to the taxpayer by Vatika to sell to Vatika all
the securities during the determined period
Vatika partly exercised the call option and purchased 22924 equity shares and 436924490
CCDs from the taxpayer for a total consideration of INR800 million Subsequently the taxpayer
transferred further equity shares and CCDs to Vatika
The taxpayer filed an application with the Authority for Advance Ruling (ldquoAARrdquo) The AAR
concluded that the entire transaction which is embodied in the SSA SHA and other documents
was a sham and the real transaction was only of the taxpayer granting a loan to Vatika Based on
Article 10 of the SHA the AAR concluded that these agreements indicated that the taxpayer
would receive a fixed rate of return Accordingly the AAR held that the entire gains on the sale
of equity shares and CCDs held by the taxpayer were interest within the meaning of Section
2(28A) of the Act and Article 11 of the India-Mauritius tax treaty and were taxable in India
The taxpayer filed a writ petition before the Delhi High Court The High Court observed that
there was sufficient commercial reason for the taxpayer to have routed its investment from
Mauritius into the real estate project in India through equity shares and CCDs Thus the legal
nature of CCDs could not be ignored and the corporate veil between the Indian investee
company and the Indian JV company could not be lifted
Therefore the High Court held that the gains from sale of equity shares and CCDs are not
taxable as interest under the Act and the India-Mauritius tax treaty
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
12
Share sale transaction between Joint Venture (ldquoJVrdquo) partners resulting in loss is not a
lsquocolourable devicersquo
CIT v Siel Ltd (ITA No 16162010 and ITA No 16192010)
The taxpayer had entered into a JV agreement followed by a first amendatory agreement with
Plansee Tizit Aktiengesellschaft (ldquoPlanseerdquo) an Austrian company The agreement was entered
into for setting-up and forming the company Siel Tizit Ltd to carry on business of manufacture
sale distribution export and other dealings in hard metals
The two JV partners equally acquired the paid-up equity capital of 15 million equity shares of
INR10 per share During the year under consideration the JV declared a rights issue of six
million equity shares The taxpayer renounced its entitlement to subscribe 3 million equity
shares in the rights issue Thereafter Planseersquos shareholding increased to 583 per cent while
the taxpayerrsquos share holding decreased to 417 per cent
Subsequently the taxpayer and Plansee entered into an agreement whereby Seil Tezit Ltd
proposed to offer 10 million fresh equity shares for cash at par on a rights basis but the taxpayer
due to financial difficulties was unable to subscribe for the shares Therefore the taxpayer
decided to renounce the rights in favour of Plansee
Further on taxpayerrsquos request Plansee agreed to buy the taxpayerrsquos 127 million shareholding for
a consideration of USD600000 which on conversion came to INR202 per share with face value
of INR10 each This resulted in book loss of INR1012 million or indexed loss of INR1362 million
on capital account
The Assessing Officer (ldquoAOrdquo) did not accept the said capital loss and challenged the transaction
The Delhi High Court held that the said transaction had commercial or business reasons The
High Court observed that the Ministry of Industry had granted approval for purchasesale of
shares Further the Reserve Bank of India (rdquoRBIrdquo) had given no objection to the transaction
permitting JV partners to acquire shares in the JV from the taxpayer The reliance of the
taxpayer on the valuation report was also accepted by the RBI when they granted express
permission
Taxation rulings and determinations
Central Board of Direct Taxation (ldquoCBDTrsquo) extends the concessional rate (5 per cent) of
withholding tax on the interest payments to a non-resident on borrowing by way of any
long term bonds in foreign currency
Section 194LC of the Income-tax Act 1961 (ldquothe Actrdquo) was introduced by the Finance Act 2012
It provides a lower withholding tax at the rate of 5 per cent on the interest payments by Indian
companies on borrowings made in foreign currency from a source outside India
The benefit is available in respect of borrowings made either under an agreement or by way of
issue of long term infrastructure bonds The section further provides that such borrowing and
the rate of interest should be approved by the Central Government
Subsequently with a view to lower the compliance burden and reduce the time lag which would
have arisen on account of case-by-case approval the Central Government had decided to grant
approval to all borrowings under loan agreements and long term infrastructure bonds provided
they satisfy prescribed conditions
The Finance (No 2) Act 2014 further extended the concessional rate of withholding tax on
borrowing any long term bonds not limited to a long term infrastructure bond if the borrowing is
made on or after 1 October 2014 Further the concluding date of the period of borrowings
eligible for concession under Section 194LC of the Act has been extended to borrowings made
before the 1 July 2017 and approved by the Central Government
In order to mitigate the compliance burden the CBDT has now issued a Circular conveying the
approval of the Central Government on long term bonds including long term infrastructure bonds
which satisfy the prescribed conditions laid down in the circular
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
13
Other developments
Agreement for avoidance of double taxation and prevention of fiscal evasion with Fiji
The Government of India has announced its tax treaty with the Government of Fiji on 12 August
2014 The tax treaty was signed on 30 January 2014 and will be effective from 1 April 2015
The tax treaty expands the scope of a Permanent Establishment (rdquoPErdquo) by including insurance
PE The tax treaty taxes royalties and fees for technical services at 10 per cent dividend at 5 per
cent and interest at 10 per cent The provisions of the tax treaty do not prevent the contracting
states from applying provisions of the domestic law and measures of tax avoidance or tax
evasion by having clauses on limitation of benefit and exchange of information
India signs first bilateral APA with Japan
On 19 December 2014 the CBDT signed a bilateral Advance Pricing Agreement (ldquoAPArdquo) with a
Japanese company This is Indiarsquos first bilateral APA which has been signed for a period of five
years CBDT announced that this bilateral APA was finalised in one and half years
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
14
Indonesia
AUSTRALIA
CHINA
HONG KONG
INDIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Bank Indonesia Regulation Imposes Limitations on Foreign Financing by Indonesian
Companies
On October 28 2014 Bank Indonesia the Indonesian central bank issued BI Regulation No
1620PBI2014 on Prudential Principles in the Management of Offshore Borrowing for Non-Bank
Institutions (ldquoBI Regulation 16rdquo) which imposes significant restrictions on new offshore financing
arrangements entered into by non-banking institutions in Indonesia The new BI Regulation 16
will force Indonesian non-banking corporations to apply prudent fiscal management regarding
foreign debt
The regulation came into effect on 1 January 2015 and requires Indonesian non-banking
borrowers to satisfy certain minimum hedging and liquidity ratios in relation to their external
indebtedness In particular the regulation requires Indonesian companies who borrow from
offshore source to fulfill three prudential criteria
Hedging ratio From 1 January to 31 December 2015 at least 20 percent of the difference
between foreign currency external indebtedness which will be due in the following six
months and foreign currency assets is required to be hedged Commencing from 1 January
2016 the ratio will be increased to 25 percent
Liquidity ratio From 1 January to 31 December 2015 the minimum ratio of foreign currency
assets to external indebtedness which will be due in the following three months is required
to be 50 percent Commencing from 1 January 2016 the ratio will be increased to 70
percent
Credit rating Commencing from 1 January 2016 any non-banking borrowers must have a
minimum BB rating or its equivalent from an authorized ratings agency
Furthermore under the new BI Regulation 16 non-banking institutions in Indonesia will be
required to submit quarterly report to Bank Indonesia detailing their hedging and liquidity ratios
It appears that no criminal or monetary sanctions will be imposed on borrowers or lenders who
contravene the three prudential criteria However Bank Indonesia will begin imposing
administrative sanctions in the form of warning letters to ldquorelated partiesrdquo in the transaction
including the lenders who are providing the non-compliant debt and disclose to other regulators
such as the Capital Markets Supervisory Authority or OJK which could implement wider-ranging
sanctions under the capital markets regulations for non-compliance
The newly published BI Regulation 16 may force Indonesian corporate borrowers to refinance
their external borrowings in order to meet the criteria However there are still uncertainties
surrounding the detail on how these hedging and liquidity ratios will be calculated The new BI
Regulation 16 is also likely to influence policymakers to review any potential debt leveraging
under the current ldquoThin Capitalisationrdquo concept
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
15
Japan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The ruling coalition (the Liberal Democratic Party and New Komeito) agreed on the lsquoOutline of
the 2015 Tax Reform Proposalsrsquo (ldquoProposalrdquo) on 30 December 2014 We have set out below
brief summaries of the main points of the Proposal
The Proposal itself is only an indicative outline and is unclear with respect to some of the
contemplated changes The details of the tax reform will be unveiled in the bills revising the tax
laws and the succeeding amended tax laws cabinet orders and ministerial ordinances Please
note that the final tax reform could differ from the Proposal depending on the outcome of
discussions in the Diet
Corporate tax rates
Reduction in Effective Corporate Tax Rates
Under the Proposal there will be reductions in the national and local tax rates such that the
effective corporate tax rate should reduce as follows for large sized companies
Current tax law Proposal
Fiscal years beginning
between 1 April 2014
and 31 March 2015
Fiscal years beginning
between 1 April 2015
and 31 March 2016
Fiscal years beginning
on or after 1 April 2016
3462 3211 3133
-
Reduced by 251
compared with
the current tax rate
Reduced by 329
compared with
the current tax rate
The above effective tax rates take into account the tax deductibility of special local
corporation tax and business tax payments and are calculated using the standard tax rates
applied to a company whose stated capital is over JPY100 million
The effective corporate tax rate using Tokyo tax rates applied to a company whose stated
capital is over JPY100 million is currently 3564 percent and the future tax rates will be
available after the business tax rates (income component) for Tokyo are determined in the
range between the standard rates and the maximum tax rates
Size-based Business Tax
Size-based business tax to be levied based on corporate business size not on corporate
incomerevenue as consideration for administration services provided by local governments
was introduced in 2004 Under the 2015 tax reform amendments to size-based business
tax (including increases in tax rates) are proposed in order to make up for lost tax revenues
caused by the reduction of the effective corporate tax rates
Corporate taxation
Tax Loss Carry-forwards
The tax loss carry-forward rules will be amended as below
i Deductible amount of tax losses
The deductible amount of tax losses brought forward will be reduced as follows for
large-sized companies (generally capital over JPY100 million)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
16
Current tax law
Proposal
Fiscal years beginning
between
1 April 2015 and 31 March
2017
Fiscal years beginning on
or after
1 April 2017
Up to 80
of taxable income for
the fiscal year
Up to 65
of taxable income for the
fiscal year
Up to 50
of taxable income for the
fiscal year
ii Tax loss carry-forward period
The tax loss carry-forward period will be extended from 9 years to 10 years As a
result the preservation period for accounting documents the statute of limitations for
corrections by the tax authorities with respect to tax losses and requests for correction
by taxpayers with respect to tax losses will also be extended from 9 years to 10 years
These amendments will be applied to tax losses incurred in fiscal years beginning on or
after 1 April 2017
Dividends Received Deduction
The rules concerning the dividends received deduction are proposed to change as follows
i Excludable ratios for dividends derived from shares
Current tax law
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio 25 or more)
(Dividends received - Interest on debts) x 100
Shares other than the above (Dividends received - Interest on debts) x 50
Proposal
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio more than 13)
(Dividends received - Interest on
debts) x 100
Other shares
(ownership ratio more than 5 but 13 or less)
Dividends received x 50
Non-controlling shares
( ownership ratio 5 or less)
Dividends received x 20
1) The special measure for non-life insurance companies with respect to interest on debts
will be abolished
2) A special measure to enable blue-return filing insurance companies to exclude 40
percent of dividends derived from non-controlling shares from their taxable income will
be introduced
ii Excludable ratios of distribution of profits from investment trusts
Current tax law Proposal
Equity
investment
trusts
(Distribution of profits x 12 (or 14) -
Interest on debts) x 50 0
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
3
More stringent rules on deductibility of expenses
Enhanced substance requirements on companies holding Category 1
Global Business Licence become applicable
OECD BEPS action plan - New Zealand progress update
NZ Inland Revenuersquos 2015 Compliance Focus
FATCA and automatic exchange of information
Supreme Court ruled that certain SWIFT messages are not subject to
documentary stamp tax
Department of Finance prescribes mandatory use of e-filing
FATCA updates
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
Income Tax exemptions announced in Budget 2015
Amendment to the Capital gains tax regime for local individual investors
on securities transaction
Extension of reduced corporate income tax and personal income tax for
another year
Key changes on current Tax laws effective from 1 January 2015
Tax exemption for income from government bonds issued to
international market in 2014
New regulations and guidance on foreign exchange control
MAURITIUS
SINGAPORE
TAIWAN
VIETNAM
THAILAND
NEW ZEALAND
PHILIPPINES
SRI LANKA
NKA
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
4
Australia
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Allowing foreign pension funds access to concessional withholding tax rates
On 30 October 2014 the Tax and Superannuation Laws Amendment (2014 Measures No 6) Bill
2014 was introduced to Parliament Among other things the Bill enables foreign pension funds
to access the existing managed investment trust (ldquoMITrdquo) withholding tax regime which allows
concessional rates of withholding tax on income earned from investments in Australian MITs It
also proposes
Tightening of safe harbour debt limits
Increasing the de minimis threshold from $250000 of debt deductions to $2 million and
Introducing a worldwide gearing test for inbound investors
Tightening the thin capitalisation rules
On 16 October 2014 the Tax and Superannuation Laws Amendment (2014 Measures No 4) Bill
2014 received Royal Assent bringing into effect the proposed changes to the thin capitalisation
regime (which apply to income years commencing on or after 1 July 2014) and a reform of the
provisions which exempt foreign non-portfolio dividends (which apply from the date of Assent)
The thin capitalisation reforms include
Tightening of safe harbour debt limits
Increasing the deminimis threshold below which the thin capitalisation rules do not apply
(from A$250000 of debt deductions to A$2m) and
Introducing a worldwide gearing test for inbound investors
Taxation rulings and determinations
Guidance on Bitcoins
On 20 August 2014 the Australian Taxation Office (ldquoATOrdquo) released draft guidance on the
income tax goods and services tax (ldquoGSTrdquo) and fringe benefits tax (ldquoFBTrdquo) treatment of Bitcoin
transactions
The ATOrsquos view is that Bitcoin is not money or foreign currency for tax purposes and rather
should be treated as akin to barter arrangements with similar tax consequences Australian
businesses will therefore need to record any gainslosses made from the creation acquisition
and disposal of Bitcoins as part of their ordinary income They must also charge GST on a
taxable supply of Bitcoins and may be subject to GST when receiving consideration in the form
of Bitcoins A supply of goods or services that is settled by Bitcoin will therefore also require
reciprocal tax invoices between GST-registered parties together with the associated record
keeping and reporting obligations
Taxation Ruling TR 20147 - Foreign currency hedging transactions
The ruling sets out when foreign currency (ldquoFXrdquo) hedging gains are considered foreign-sourced
and when FX hedging losses reasonably relate to foreign income
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
5
For taxpayers that undertake significant FX hedging these issues can affect their entitlement to
foreign income tax offsets (ldquoFITOsrdquo) Where FX losses exceed FX gains in a particular year a
taxpayer will lose their entitlement to FITOs for that year (notwithstanding that these FITOs may
relate to foreign taxes paid on other foreign income such as interest or dividends) This issue is
of particular significance to the managed funds industry
In the ATOrsquos view the source of FX hedging gains is the place where each individual FX contract
is formed
Taxation Ruling TR 20146 ndash Application of transfer pricing reconstruction provisions
The ruling outlines the Commissionerrsquos views on the application of the reconstruction provisions
as contained in the new transfer pricing regime The ruling covers situations where the
Commissioner may re-price reconstruct or disregard cross-border transactions should they not
be considered armrsquos-length
Taxation Ruling TR 20148 ndash Application of transfer pricing record keeping provisions
The ruling outlines the Commissionerrsquos views on the application of the legislated transfer pricing
documentation requirements If an entity does not meet these requirements the provisions
dealing with administrative penalties apply as though a matter was not reasonably arguable (and
thus subject to a higher penalty regime) The ATO incentivises taxpayers to enhance their
transfer pricing documentation by offering reduced penalties in the event of a transfer pricing
adjustment
This Ruling is part of a package of ATO guidance dealing with transfer pricing documentation
Practice Statement PS LA 20142 Administration of transfer pricing penalties for income
years commencing on or after 29 June 2013 and
Practice Statement PS LA 20143 Simplifying transfer pricing record keeping
Other developments
Release of Final Report of the Financial System Inquiry
On 7 December 2014 the Treasurer released the Final Report of the Financial System Inquiry
(the lsquoMurray Reviewrsquo) The report includes 44 recommendations of potential areas of reform of
the Australian financial system including 13 tax settings that potentially distort the allocation of
funding and risk in the economy (eg dividend imputation interest withholding tax GST not
currently levied on financial supplies etc)
The tax issues raised in the final report have been referred to the Federal Governmentrsquos Tax
White Paper process which is expected to commence in early 2015
ATO response to OECDG20 BEPS Project
Following the recent release of the the Organisation for Economic Co-operation and
Development (ldquoOECDrdquo) recommendations on the 7 Action Items to address Base Erosion and
Profit Shifting (ldquoBEPSrdquo) the ATO released a progress report setting out how they intend to
address certain Action Items In summary
Hybrid Mismatches The ATO is currently investigating examples of hybrid mismatches to
establish the level of risk before determining any potential action required
Harmful tax practices The ATO has set up an Integrated Tax Design team to improve
transparency and exchange of tax rulings related to preferential regimes
Treaty abuse The ATO has expressed a strong interest in developing a lsquoprincipal purpose
testrsquo because of the difficulties of applying Part IVA (anti avoidance provisions) to complex
offshore arrangements
Mid-Year Economic and Fiscal Outlook
On 15 December 2014 the Treasurer released the Federal Governmentrsquos Mid-Year Economic
and Fiscal Outlook (ldquoMYEFOrdquo) The following tax policy changes relevant to the financial
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
6
services sector were released under the report
Managed Investment Trusts (ldquoMITrdquo) minor changes will be made to better target the armrsquos
length integrity rule and also allow foreign life insurance companies access to the MIT
regime There will also be clarification provided on the tax treatment of tax deferred
distributions paid by MITs (effective from 1 July 2011)
Investment Manager Regime (ldquoIMRrdquo) updated exposure draft legislation on IMR Element 3
is to be released in early 2015 which will provide a tax exemption on the gains of widely
held foreign funds that have invested in certain financial arrangements in Australia The
proposed regime is expected to broadly reflect the UK equivalent Investment Manager
Exemption The regime is expected to apply from the 2015-16 income year but with an
option for investors to apply retrospectively from the 2011-12 income year
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
7
China
AUSTRALIA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The Ministry of Finance (ldquoMOFrdquo) China Securities Regulatory Commission (rdquoCSRCrdquo) and the
State Administration of Taxation (rdquoSATrdquo) jointly issued Caishui [2014] No 79 (rdquoCircular 79rdquo)
Notice on the Issues of Temporary Corporate Income Tax Exemption for Capital Gains Derived
from the transfer of PRC Shares and Equity Interests on 14 November 2014
Under Circular 79 Foreign Institutional Investors (ldquoQFIIsrdquo) and RMB Qualified Foreign
Institutional Investors (ldquoRQFIIsrdquo) are temporarily exempt from Corporate Income Tax
(ldquoCITrdquo) in respect of China sourced gains derived from the transfer of shares (and other
equity investments) on or after 17 November 2014
In respect of China sourced gains derived by QFIIs and RQFIIs from the transfer of shares
prior to 17 November 2014 Circular 79 prescribes that such gains would be subject to CIT
(ie 10 withholding tax) in accordance with the CIT Law
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
8
Hong Kong
AUSTRALIA
CHINA
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Private Equity fund tax exemption expected to be legislated in 2015
The Hong Kong Government recently completed industry consultation in relation to the proposed
new private equity (ldquoPErdquo) fund tax exemption which were initially announced by the Financial
Secretary in his 201314 budget speech It is expected that draft legislation will be introduced to
the Legislative Council in coming months
Existing Offshore Funds tax exemption
For PE funds the existing exemption has not been effective because it did not apply to
investments in private companies A further limitation is that investments need to be
arranged by a person licensed with the Securities and Futures Commission (ldquoSFCrdquo) In
practice managers of many PE funds are not required to obtain an SFC license
Expected changes and our comments
i Transactions in private companies
The current exemption will be expanded to cover a broad range of private companies
including those incorporated outside of Hong Kong unless at any time in the three
years prior to the relevant disposal of securities in a private company it either
1) carried on business in Hong Kong through a permanent establishment
2) directly or indirectly held equity interests in one or more private companies
carrying on business in Hong Kong through a permanent establishment or the
aggregate value of those equity interests was more than 10 of its own total
asset value or
3) held real estate in Hong Kong or directly or indirectly held equity interests in one
or more private companiesrsquo with direct or indirect holdings of real estate in Hong
Kong in addition the aggregate value of the Hong Kong real estate held by it plus
the value of the equity interests held in the other private companies exceeded
10 of the value of its own total asset value
To prevent round-tripping the existing deeming provisions will equally apply to offshore
private equity funds ie a resident person (alone or jointly with his associates) holding a
beneficial interest of 30 or more in a tax-exempt private equity fund will be deemed
to have derived assessable profits in respect of profits earned by the fund from
specified transactions and incidental transactions in Hong Kong
Exempt investments in private companies include investments in shares stocks
debentures loan stocks funds bonds or notes As such this should be broad enough
to cover most types of transactions typically entered into by PE funds
ii Bona fide private equity fund
This definition should capture most genuine PE funds being defined as an offshore PE
fund which at all times after its final closing has more than 4 investors (associates
being aggregated) having collectively committed more than 90 of the fundrsquos capital
In addition the fundsrsquo originator (and their associates) should not be entitled to more
than 30 of the net proceeds arising from fund transactions Funds which satisfy
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
9
these requirements would not need to have transactions carried out through or
arranged by an SFC-licensed person to benefit from the offshore funds exemption
iii Special Purpose Vehicles (ldquoSPVsrdquo)
Officials have agreed that the offshore funds exemption should also apply to profits
derived both by an SPV from an investment in a private company and by an offshore
fund from the disposal of an SPV which holds an investment in a private company
It is proposed that SPV will be defined quite broadly to include corporations
partnerships trustees or any other entity incorporated registered or appointed in or
outside Hong Kong The SPV can be wholly or partially owned by a non-resident be
established only for holding and administering one or more eligible portfolio companies
and would not be able to carry on any other trade or activity
Deeming provisions are also proposed to apply to resident person (alone or jointly with
his associates) holds a beneficial interest of 30 or more in a tax-exempt private equity
fund and the fund has a beneficial interest in an SPV that is exempt
For a number of years the Hong Kong PE fund industry has been at a competitive disadvantage
when compared to other fund centres (in particular Singapore) as there has not been a specific
tax exemption clearly applicable to offshore PE funds with Hong Kong-based deal teams
The key benefit of the expected changes is that it will provide investment professionals based in
Hong Kong with greater flexibility in undertaking their daily tasks without the concern about
creating a tax exposure in Hong Kong for the fund that they represent
We recommend that funds operating in Hong Kong start considering changes in anticipation of
the pending legislation This may include
Changes to existing operating protocols and the time to implement them
Amendments to and simplification of existing fund structures and
Preparing or updating transfer pricing support documentation for fees paid to Hong Kong
investment advisors to reflect activities intended to be performed in Hong Kong going
forward
Other developments
Hong Kong signs Model 2 IGA under FATCA
The US Foreign Account Tax Compliance Act (ldquoFATCArdquo) is a US law designed to combat tax
evasion by US citizens and residents through the use of offshore accounts and investments
Generally FATCA requires the identification and reporting of US taxpayers by Foreign Financial
Institutions (ldquoFFIsrdquo) outside of the US to the US Internal Revenue Service (ldquoIRSrdquo) In certain
instances FATCA withholding at the rate of 30 may also apply to certain types of US sourced
income
Within Asia Pacific only Australia New Zealand Hong Kong and Japan have signed
Intergovernmental Agreements (ldquoIGAsrdquo) with the US Treasury to-date thereby defining their
obligations and exemptions under FATCA andor local law In particular the Hong Kong IGA
covers certain exemptions for financial institutions or products including Mandatory Provident
Fund schemes registered financial institutions with a local client base certain investment
advisers and investment managers established in Hong Kong
While the Hong Kong IGA largely mitigates the need for FATCA withholding it could still apply
where withholdable payments (US source income or proceeds from the sale of property that
generates US source income) are made to overseas Non-Participating FFIs
Under the IGA FFIs in Hong Kong may rely on a set of streamlined due diligence procedures to
screen and identify US indicia in order to locate US accounts and clients for reporting purposes
For example in determining whether a new individual account is a US account based on a
customized self-certification received from the applicant rather than more esoteric procedures
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
10
under FATCA regulations such as the use of US-centric withholding certificates FFIs are
required however to confirm the reasonableness of such certification which can be
accomplished by reference to other documents obtained during the account opening process
FFIs are required to report the relevant account information of US taxpayers directly to the IRS
under the Model 2 IGA adopted by Hong Kong This is supplemented by group requests made
by the IRS to the Hong Kong Inland Revenue Department for exchange of information on
relevant US taxpayers at a government level on a need basis We expect that local authorities
will only be involved by exception
One of the largest misconceptions about FATCA is that FFIs without US customers will not be
impacted While the reporting aspects of FATCA are reduced when there are no US customers
the primary responsibility conferred upon FFIs is to be able to identify US customers through the
new client due diligence process as well as through pre-existing client remediation
Furthermore companies that are not normally considered financial institutions may still be
considered FFIs under the Hong Kong IGA (ie under the headings of custodial institution
depository institution investment entity or specified insurance company) and may have due
diligence and reporting requirements under FATCA
Hong Kong takes a major step towards the automatic exchange of information
In August 2014 the Organisation for Economic Co-operation and Development (ldquoOECDrdquo)
published the first edition of the Standard for Automatic Exchange of Financial Account
Information in Tax (the Common Reporting Standard) which was presented to the G20 Finance
Ministers and Central Bank Governors at their meeting in Cairns Australia on 20-21 September
2014 and is intended to facilitate the automatic exchange of financial information
Hong Kong was quick to respond directly and positively to the Global Forum on Transparency
and Exchange of Information for Tax Purposes (ldquoGlobal Forumrdquo) of which it is a member In an
announcement on 15 September 2015 Secretary for Financial Services and the Treasury
Professor KC Chan committed to implementing the Common Reporting Standard and said
ldquoIt is crucial for Hong Kong to adopt the latest global standard on tax transparency in order to
maintain our international reputation and competitiveness as an international financial and
business centrerdquo
Current legislation in Hong Kong precludes the exchange of information other than on a request
basis In order to adopt and implement the Common Reporting Standard appropriate legislation
will be required The secretary further announced that the HKSAR Government would soon
engage stakeholders address policy and legal issues and ultimately seek the Legislative
Councilrsquos approval for the legislation
This approach is similar to that adopted in introducing the legislation enacted in July 2013 to
enable Hong Kong to enter into standalone tax information exchange agreements (ldquoTIEArdquo) The
consultation process started in mid- to late 2012 and included extensive consultations with
business and industry bodies as well as legal financial and accountancy representative groups
We expect a similar process for the introduction of the Common Reporting Standard although
given the Global Forumrsquos anticipated commencement date of 2018 the necessary agreements
to properly implement the Common Reporting Standard and the required administrative
measures the government may need to work to a strict schedule
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
11
India
AUSTRALIA
CHINA
HONG KONG
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
Gains arising in the hands of a Mauritian company from sale of equity shares and
Compulsory Convertible Debentures (rdquoCCDsrdquo) of an Indian company are not taxable as
interest income in India
Zaheer Mauritius v DIT International Taxation II [WP (C) 16482013 ampCM No 31052013]
(Delhi)
The taxpayer was a company incorporated and tax resident in Mauritius The taxpayer along with
Vatika Limited (ldquoVatikardquo) an Indian company invested in SH Techpark Developers Ltd (ldquoJV
companyrdquo) to undertake development of a real estate project in India
The taxpayer entered into a Securities Subscription Agreement (ldquoSSArdquo) and a Shareholderrsquos
Agreement (ldquoSHArdquo) with Vatika and the JV company The SHA recorded the terms of the
relationship between the taxpayer Vatika and the JV company their rights and obligations
including matters relating to transfer of equity shares and the management and operation of the
JV company
As per the SSA the taxpayer agreed to acquire 35 per cent ownership interest in the JV
company by making a total investment of INR1 billion in five tranches The taxpayer agreed to
subscribe to 46307 equity shares with a par value of INR10 each and 882585590 zero per cent
CCDs with a par value of INR1 each in a planned and phased manner The SHA also provided
for a call option to be given to Vatika by the taxpayer to acquire all the securities during the
option period and likewise a put option was given to the taxpayer by Vatika to sell to Vatika all
the securities during the determined period
Vatika partly exercised the call option and purchased 22924 equity shares and 436924490
CCDs from the taxpayer for a total consideration of INR800 million Subsequently the taxpayer
transferred further equity shares and CCDs to Vatika
The taxpayer filed an application with the Authority for Advance Ruling (ldquoAARrdquo) The AAR
concluded that the entire transaction which is embodied in the SSA SHA and other documents
was a sham and the real transaction was only of the taxpayer granting a loan to Vatika Based on
Article 10 of the SHA the AAR concluded that these agreements indicated that the taxpayer
would receive a fixed rate of return Accordingly the AAR held that the entire gains on the sale
of equity shares and CCDs held by the taxpayer were interest within the meaning of Section
2(28A) of the Act and Article 11 of the India-Mauritius tax treaty and were taxable in India
The taxpayer filed a writ petition before the Delhi High Court The High Court observed that
there was sufficient commercial reason for the taxpayer to have routed its investment from
Mauritius into the real estate project in India through equity shares and CCDs Thus the legal
nature of CCDs could not be ignored and the corporate veil between the Indian investee
company and the Indian JV company could not be lifted
Therefore the High Court held that the gains from sale of equity shares and CCDs are not
taxable as interest under the Act and the India-Mauritius tax treaty
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
12
Share sale transaction between Joint Venture (ldquoJVrdquo) partners resulting in loss is not a
lsquocolourable devicersquo
CIT v Siel Ltd (ITA No 16162010 and ITA No 16192010)
The taxpayer had entered into a JV agreement followed by a first amendatory agreement with
Plansee Tizit Aktiengesellschaft (ldquoPlanseerdquo) an Austrian company The agreement was entered
into for setting-up and forming the company Siel Tizit Ltd to carry on business of manufacture
sale distribution export and other dealings in hard metals
The two JV partners equally acquired the paid-up equity capital of 15 million equity shares of
INR10 per share During the year under consideration the JV declared a rights issue of six
million equity shares The taxpayer renounced its entitlement to subscribe 3 million equity
shares in the rights issue Thereafter Planseersquos shareholding increased to 583 per cent while
the taxpayerrsquos share holding decreased to 417 per cent
Subsequently the taxpayer and Plansee entered into an agreement whereby Seil Tezit Ltd
proposed to offer 10 million fresh equity shares for cash at par on a rights basis but the taxpayer
due to financial difficulties was unable to subscribe for the shares Therefore the taxpayer
decided to renounce the rights in favour of Plansee
Further on taxpayerrsquos request Plansee agreed to buy the taxpayerrsquos 127 million shareholding for
a consideration of USD600000 which on conversion came to INR202 per share with face value
of INR10 each This resulted in book loss of INR1012 million or indexed loss of INR1362 million
on capital account
The Assessing Officer (ldquoAOrdquo) did not accept the said capital loss and challenged the transaction
The Delhi High Court held that the said transaction had commercial or business reasons The
High Court observed that the Ministry of Industry had granted approval for purchasesale of
shares Further the Reserve Bank of India (rdquoRBIrdquo) had given no objection to the transaction
permitting JV partners to acquire shares in the JV from the taxpayer The reliance of the
taxpayer on the valuation report was also accepted by the RBI when they granted express
permission
Taxation rulings and determinations
Central Board of Direct Taxation (ldquoCBDTrsquo) extends the concessional rate (5 per cent) of
withholding tax on the interest payments to a non-resident on borrowing by way of any
long term bonds in foreign currency
Section 194LC of the Income-tax Act 1961 (ldquothe Actrdquo) was introduced by the Finance Act 2012
It provides a lower withholding tax at the rate of 5 per cent on the interest payments by Indian
companies on borrowings made in foreign currency from a source outside India
The benefit is available in respect of borrowings made either under an agreement or by way of
issue of long term infrastructure bonds The section further provides that such borrowing and
the rate of interest should be approved by the Central Government
Subsequently with a view to lower the compliance burden and reduce the time lag which would
have arisen on account of case-by-case approval the Central Government had decided to grant
approval to all borrowings under loan agreements and long term infrastructure bonds provided
they satisfy prescribed conditions
The Finance (No 2) Act 2014 further extended the concessional rate of withholding tax on
borrowing any long term bonds not limited to a long term infrastructure bond if the borrowing is
made on or after 1 October 2014 Further the concluding date of the period of borrowings
eligible for concession under Section 194LC of the Act has been extended to borrowings made
before the 1 July 2017 and approved by the Central Government
In order to mitigate the compliance burden the CBDT has now issued a Circular conveying the
approval of the Central Government on long term bonds including long term infrastructure bonds
which satisfy the prescribed conditions laid down in the circular
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
13
Other developments
Agreement for avoidance of double taxation and prevention of fiscal evasion with Fiji
The Government of India has announced its tax treaty with the Government of Fiji on 12 August
2014 The tax treaty was signed on 30 January 2014 and will be effective from 1 April 2015
The tax treaty expands the scope of a Permanent Establishment (rdquoPErdquo) by including insurance
PE The tax treaty taxes royalties and fees for technical services at 10 per cent dividend at 5 per
cent and interest at 10 per cent The provisions of the tax treaty do not prevent the contracting
states from applying provisions of the domestic law and measures of tax avoidance or tax
evasion by having clauses on limitation of benefit and exchange of information
India signs first bilateral APA with Japan
On 19 December 2014 the CBDT signed a bilateral Advance Pricing Agreement (ldquoAPArdquo) with a
Japanese company This is Indiarsquos first bilateral APA which has been signed for a period of five
years CBDT announced that this bilateral APA was finalised in one and half years
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
14
Indonesia
AUSTRALIA
CHINA
HONG KONG
INDIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Bank Indonesia Regulation Imposes Limitations on Foreign Financing by Indonesian
Companies
On October 28 2014 Bank Indonesia the Indonesian central bank issued BI Regulation No
1620PBI2014 on Prudential Principles in the Management of Offshore Borrowing for Non-Bank
Institutions (ldquoBI Regulation 16rdquo) which imposes significant restrictions on new offshore financing
arrangements entered into by non-banking institutions in Indonesia The new BI Regulation 16
will force Indonesian non-banking corporations to apply prudent fiscal management regarding
foreign debt
The regulation came into effect on 1 January 2015 and requires Indonesian non-banking
borrowers to satisfy certain minimum hedging and liquidity ratios in relation to their external
indebtedness In particular the regulation requires Indonesian companies who borrow from
offshore source to fulfill three prudential criteria
Hedging ratio From 1 January to 31 December 2015 at least 20 percent of the difference
between foreign currency external indebtedness which will be due in the following six
months and foreign currency assets is required to be hedged Commencing from 1 January
2016 the ratio will be increased to 25 percent
Liquidity ratio From 1 January to 31 December 2015 the minimum ratio of foreign currency
assets to external indebtedness which will be due in the following three months is required
to be 50 percent Commencing from 1 January 2016 the ratio will be increased to 70
percent
Credit rating Commencing from 1 January 2016 any non-banking borrowers must have a
minimum BB rating or its equivalent from an authorized ratings agency
Furthermore under the new BI Regulation 16 non-banking institutions in Indonesia will be
required to submit quarterly report to Bank Indonesia detailing their hedging and liquidity ratios
It appears that no criminal or monetary sanctions will be imposed on borrowers or lenders who
contravene the three prudential criteria However Bank Indonesia will begin imposing
administrative sanctions in the form of warning letters to ldquorelated partiesrdquo in the transaction
including the lenders who are providing the non-compliant debt and disclose to other regulators
such as the Capital Markets Supervisory Authority or OJK which could implement wider-ranging
sanctions under the capital markets regulations for non-compliance
The newly published BI Regulation 16 may force Indonesian corporate borrowers to refinance
their external borrowings in order to meet the criteria However there are still uncertainties
surrounding the detail on how these hedging and liquidity ratios will be calculated The new BI
Regulation 16 is also likely to influence policymakers to review any potential debt leveraging
under the current ldquoThin Capitalisationrdquo concept
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
15
Japan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The ruling coalition (the Liberal Democratic Party and New Komeito) agreed on the lsquoOutline of
the 2015 Tax Reform Proposalsrsquo (ldquoProposalrdquo) on 30 December 2014 We have set out below
brief summaries of the main points of the Proposal
The Proposal itself is only an indicative outline and is unclear with respect to some of the
contemplated changes The details of the tax reform will be unveiled in the bills revising the tax
laws and the succeeding amended tax laws cabinet orders and ministerial ordinances Please
note that the final tax reform could differ from the Proposal depending on the outcome of
discussions in the Diet
Corporate tax rates
Reduction in Effective Corporate Tax Rates
Under the Proposal there will be reductions in the national and local tax rates such that the
effective corporate tax rate should reduce as follows for large sized companies
Current tax law Proposal
Fiscal years beginning
between 1 April 2014
and 31 March 2015
Fiscal years beginning
between 1 April 2015
and 31 March 2016
Fiscal years beginning
on or after 1 April 2016
3462 3211 3133
-
Reduced by 251
compared with
the current tax rate
Reduced by 329
compared with
the current tax rate
The above effective tax rates take into account the tax deductibility of special local
corporation tax and business tax payments and are calculated using the standard tax rates
applied to a company whose stated capital is over JPY100 million
The effective corporate tax rate using Tokyo tax rates applied to a company whose stated
capital is over JPY100 million is currently 3564 percent and the future tax rates will be
available after the business tax rates (income component) for Tokyo are determined in the
range between the standard rates and the maximum tax rates
Size-based Business Tax
Size-based business tax to be levied based on corporate business size not on corporate
incomerevenue as consideration for administration services provided by local governments
was introduced in 2004 Under the 2015 tax reform amendments to size-based business
tax (including increases in tax rates) are proposed in order to make up for lost tax revenues
caused by the reduction of the effective corporate tax rates
Corporate taxation
Tax Loss Carry-forwards
The tax loss carry-forward rules will be amended as below
i Deductible amount of tax losses
The deductible amount of tax losses brought forward will be reduced as follows for
large-sized companies (generally capital over JPY100 million)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
16
Current tax law
Proposal
Fiscal years beginning
between
1 April 2015 and 31 March
2017
Fiscal years beginning on
or after
1 April 2017
Up to 80
of taxable income for
the fiscal year
Up to 65
of taxable income for the
fiscal year
Up to 50
of taxable income for the
fiscal year
ii Tax loss carry-forward period
The tax loss carry-forward period will be extended from 9 years to 10 years As a
result the preservation period for accounting documents the statute of limitations for
corrections by the tax authorities with respect to tax losses and requests for correction
by taxpayers with respect to tax losses will also be extended from 9 years to 10 years
These amendments will be applied to tax losses incurred in fiscal years beginning on or
after 1 April 2017
Dividends Received Deduction
The rules concerning the dividends received deduction are proposed to change as follows
i Excludable ratios for dividends derived from shares
Current tax law
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio 25 or more)
(Dividends received - Interest on debts) x 100
Shares other than the above (Dividends received - Interest on debts) x 50
Proposal
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio more than 13)
(Dividends received - Interest on
debts) x 100
Other shares
(ownership ratio more than 5 but 13 or less)
Dividends received x 50
Non-controlling shares
( ownership ratio 5 or less)
Dividends received x 20
1) The special measure for non-life insurance companies with respect to interest on debts
will be abolished
2) A special measure to enable blue-return filing insurance companies to exclude 40
percent of dividends derived from non-controlling shares from their taxable income will
be introduced
ii Excludable ratios of distribution of profits from investment trusts
Current tax law Proposal
Equity
investment
trusts
(Distribution of profits x 12 (or 14) -
Interest on debts) x 50 0
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
4
Australia
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Allowing foreign pension funds access to concessional withholding tax rates
On 30 October 2014 the Tax and Superannuation Laws Amendment (2014 Measures No 6) Bill
2014 was introduced to Parliament Among other things the Bill enables foreign pension funds
to access the existing managed investment trust (ldquoMITrdquo) withholding tax regime which allows
concessional rates of withholding tax on income earned from investments in Australian MITs It
also proposes
Tightening of safe harbour debt limits
Increasing the de minimis threshold from $250000 of debt deductions to $2 million and
Introducing a worldwide gearing test for inbound investors
Tightening the thin capitalisation rules
On 16 October 2014 the Tax and Superannuation Laws Amendment (2014 Measures No 4) Bill
2014 received Royal Assent bringing into effect the proposed changes to the thin capitalisation
regime (which apply to income years commencing on or after 1 July 2014) and a reform of the
provisions which exempt foreign non-portfolio dividends (which apply from the date of Assent)
The thin capitalisation reforms include
Tightening of safe harbour debt limits
Increasing the deminimis threshold below which the thin capitalisation rules do not apply
(from A$250000 of debt deductions to A$2m) and
Introducing a worldwide gearing test for inbound investors
Taxation rulings and determinations
Guidance on Bitcoins
On 20 August 2014 the Australian Taxation Office (ldquoATOrdquo) released draft guidance on the
income tax goods and services tax (ldquoGSTrdquo) and fringe benefits tax (ldquoFBTrdquo) treatment of Bitcoin
transactions
The ATOrsquos view is that Bitcoin is not money or foreign currency for tax purposes and rather
should be treated as akin to barter arrangements with similar tax consequences Australian
businesses will therefore need to record any gainslosses made from the creation acquisition
and disposal of Bitcoins as part of their ordinary income They must also charge GST on a
taxable supply of Bitcoins and may be subject to GST when receiving consideration in the form
of Bitcoins A supply of goods or services that is settled by Bitcoin will therefore also require
reciprocal tax invoices between GST-registered parties together with the associated record
keeping and reporting obligations
Taxation Ruling TR 20147 - Foreign currency hedging transactions
The ruling sets out when foreign currency (ldquoFXrdquo) hedging gains are considered foreign-sourced
and when FX hedging losses reasonably relate to foreign income
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
5
For taxpayers that undertake significant FX hedging these issues can affect their entitlement to
foreign income tax offsets (ldquoFITOsrdquo) Where FX losses exceed FX gains in a particular year a
taxpayer will lose their entitlement to FITOs for that year (notwithstanding that these FITOs may
relate to foreign taxes paid on other foreign income such as interest or dividends) This issue is
of particular significance to the managed funds industry
In the ATOrsquos view the source of FX hedging gains is the place where each individual FX contract
is formed
Taxation Ruling TR 20146 ndash Application of transfer pricing reconstruction provisions
The ruling outlines the Commissionerrsquos views on the application of the reconstruction provisions
as contained in the new transfer pricing regime The ruling covers situations where the
Commissioner may re-price reconstruct or disregard cross-border transactions should they not
be considered armrsquos-length
Taxation Ruling TR 20148 ndash Application of transfer pricing record keeping provisions
The ruling outlines the Commissionerrsquos views on the application of the legislated transfer pricing
documentation requirements If an entity does not meet these requirements the provisions
dealing with administrative penalties apply as though a matter was not reasonably arguable (and
thus subject to a higher penalty regime) The ATO incentivises taxpayers to enhance their
transfer pricing documentation by offering reduced penalties in the event of a transfer pricing
adjustment
This Ruling is part of a package of ATO guidance dealing with transfer pricing documentation
Practice Statement PS LA 20142 Administration of transfer pricing penalties for income
years commencing on or after 29 June 2013 and
Practice Statement PS LA 20143 Simplifying transfer pricing record keeping
Other developments
Release of Final Report of the Financial System Inquiry
On 7 December 2014 the Treasurer released the Final Report of the Financial System Inquiry
(the lsquoMurray Reviewrsquo) The report includes 44 recommendations of potential areas of reform of
the Australian financial system including 13 tax settings that potentially distort the allocation of
funding and risk in the economy (eg dividend imputation interest withholding tax GST not
currently levied on financial supplies etc)
The tax issues raised in the final report have been referred to the Federal Governmentrsquos Tax
White Paper process which is expected to commence in early 2015
ATO response to OECDG20 BEPS Project
Following the recent release of the the Organisation for Economic Co-operation and
Development (ldquoOECDrdquo) recommendations on the 7 Action Items to address Base Erosion and
Profit Shifting (ldquoBEPSrdquo) the ATO released a progress report setting out how they intend to
address certain Action Items In summary
Hybrid Mismatches The ATO is currently investigating examples of hybrid mismatches to
establish the level of risk before determining any potential action required
Harmful tax practices The ATO has set up an Integrated Tax Design team to improve
transparency and exchange of tax rulings related to preferential regimes
Treaty abuse The ATO has expressed a strong interest in developing a lsquoprincipal purpose
testrsquo because of the difficulties of applying Part IVA (anti avoidance provisions) to complex
offshore arrangements
Mid-Year Economic and Fiscal Outlook
On 15 December 2014 the Treasurer released the Federal Governmentrsquos Mid-Year Economic
and Fiscal Outlook (ldquoMYEFOrdquo) The following tax policy changes relevant to the financial
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
6
services sector were released under the report
Managed Investment Trusts (ldquoMITrdquo) minor changes will be made to better target the armrsquos
length integrity rule and also allow foreign life insurance companies access to the MIT
regime There will also be clarification provided on the tax treatment of tax deferred
distributions paid by MITs (effective from 1 July 2011)
Investment Manager Regime (ldquoIMRrdquo) updated exposure draft legislation on IMR Element 3
is to be released in early 2015 which will provide a tax exemption on the gains of widely
held foreign funds that have invested in certain financial arrangements in Australia The
proposed regime is expected to broadly reflect the UK equivalent Investment Manager
Exemption The regime is expected to apply from the 2015-16 income year but with an
option for investors to apply retrospectively from the 2011-12 income year
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
7
China
AUSTRALIA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The Ministry of Finance (ldquoMOFrdquo) China Securities Regulatory Commission (rdquoCSRCrdquo) and the
State Administration of Taxation (rdquoSATrdquo) jointly issued Caishui [2014] No 79 (rdquoCircular 79rdquo)
Notice on the Issues of Temporary Corporate Income Tax Exemption for Capital Gains Derived
from the transfer of PRC Shares and Equity Interests on 14 November 2014
Under Circular 79 Foreign Institutional Investors (ldquoQFIIsrdquo) and RMB Qualified Foreign
Institutional Investors (ldquoRQFIIsrdquo) are temporarily exempt from Corporate Income Tax
(ldquoCITrdquo) in respect of China sourced gains derived from the transfer of shares (and other
equity investments) on or after 17 November 2014
In respect of China sourced gains derived by QFIIs and RQFIIs from the transfer of shares
prior to 17 November 2014 Circular 79 prescribes that such gains would be subject to CIT
(ie 10 withholding tax) in accordance with the CIT Law
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
8
Hong Kong
AUSTRALIA
CHINA
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Private Equity fund tax exemption expected to be legislated in 2015
The Hong Kong Government recently completed industry consultation in relation to the proposed
new private equity (ldquoPErdquo) fund tax exemption which were initially announced by the Financial
Secretary in his 201314 budget speech It is expected that draft legislation will be introduced to
the Legislative Council in coming months
Existing Offshore Funds tax exemption
For PE funds the existing exemption has not been effective because it did not apply to
investments in private companies A further limitation is that investments need to be
arranged by a person licensed with the Securities and Futures Commission (ldquoSFCrdquo) In
practice managers of many PE funds are not required to obtain an SFC license
Expected changes and our comments
i Transactions in private companies
The current exemption will be expanded to cover a broad range of private companies
including those incorporated outside of Hong Kong unless at any time in the three
years prior to the relevant disposal of securities in a private company it either
1) carried on business in Hong Kong through a permanent establishment
2) directly or indirectly held equity interests in one or more private companies
carrying on business in Hong Kong through a permanent establishment or the
aggregate value of those equity interests was more than 10 of its own total
asset value or
3) held real estate in Hong Kong or directly or indirectly held equity interests in one
or more private companiesrsquo with direct or indirect holdings of real estate in Hong
Kong in addition the aggregate value of the Hong Kong real estate held by it plus
the value of the equity interests held in the other private companies exceeded
10 of the value of its own total asset value
To prevent round-tripping the existing deeming provisions will equally apply to offshore
private equity funds ie a resident person (alone or jointly with his associates) holding a
beneficial interest of 30 or more in a tax-exempt private equity fund will be deemed
to have derived assessable profits in respect of profits earned by the fund from
specified transactions and incidental transactions in Hong Kong
Exempt investments in private companies include investments in shares stocks
debentures loan stocks funds bonds or notes As such this should be broad enough
to cover most types of transactions typically entered into by PE funds
ii Bona fide private equity fund
This definition should capture most genuine PE funds being defined as an offshore PE
fund which at all times after its final closing has more than 4 investors (associates
being aggregated) having collectively committed more than 90 of the fundrsquos capital
In addition the fundsrsquo originator (and their associates) should not be entitled to more
than 30 of the net proceeds arising from fund transactions Funds which satisfy
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
9
these requirements would not need to have transactions carried out through or
arranged by an SFC-licensed person to benefit from the offshore funds exemption
iii Special Purpose Vehicles (ldquoSPVsrdquo)
Officials have agreed that the offshore funds exemption should also apply to profits
derived both by an SPV from an investment in a private company and by an offshore
fund from the disposal of an SPV which holds an investment in a private company
It is proposed that SPV will be defined quite broadly to include corporations
partnerships trustees or any other entity incorporated registered or appointed in or
outside Hong Kong The SPV can be wholly or partially owned by a non-resident be
established only for holding and administering one or more eligible portfolio companies
and would not be able to carry on any other trade or activity
Deeming provisions are also proposed to apply to resident person (alone or jointly with
his associates) holds a beneficial interest of 30 or more in a tax-exempt private equity
fund and the fund has a beneficial interest in an SPV that is exempt
For a number of years the Hong Kong PE fund industry has been at a competitive disadvantage
when compared to other fund centres (in particular Singapore) as there has not been a specific
tax exemption clearly applicable to offshore PE funds with Hong Kong-based deal teams
The key benefit of the expected changes is that it will provide investment professionals based in
Hong Kong with greater flexibility in undertaking their daily tasks without the concern about
creating a tax exposure in Hong Kong for the fund that they represent
We recommend that funds operating in Hong Kong start considering changes in anticipation of
the pending legislation This may include
Changes to existing operating protocols and the time to implement them
Amendments to and simplification of existing fund structures and
Preparing or updating transfer pricing support documentation for fees paid to Hong Kong
investment advisors to reflect activities intended to be performed in Hong Kong going
forward
Other developments
Hong Kong signs Model 2 IGA under FATCA
The US Foreign Account Tax Compliance Act (ldquoFATCArdquo) is a US law designed to combat tax
evasion by US citizens and residents through the use of offshore accounts and investments
Generally FATCA requires the identification and reporting of US taxpayers by Foreign Financial
Institutions (ldquoFFIsrdquo) outside of the US to the US Internal Revenue Service (ldquoIRSrdquo) In certain
instances FATCA withholding at the rate of 30 may also apply to certain types of US sourced
income
Within Asia Pacific only Australia New Zealand Hong Kong and Japan have signed
Intergovernmental Agreements (ldquoIGAsrdquo) with the US Treasury to-date thereby defining their
obligations and exemptions under FATCA andor local law In particular the Hong Kong IGA
covers certain exemptions for financial institutions or products including Mandatory Provident
Fund schemes registered financial institutions with a local client base certain investment
advisers and investment managers established in Hong Kong
While the Hong Kong IGA largely mitigates the need for FATCA withholding it could still apply
where withholdable payments (US source income or proceeds from the sale of property that
generates US source income) are made to overseas Non-Participating FFIs
Under the IGA FFIs in Hong Kong may rely on a set of streamlined due diligence procedures to
screen and identify US indicia in order to locate US accounts and clients for reporting purposes
For example in determining whether a new individual account is a US account based on a
customized self-certification received from the applicant rather than more esoteric procedures
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
10
under FATCA regulations such as the use of US-centric withholding certificates FFIs are
required however to confirm the reasonableness of such certification which can be
accomplished by reference to other documents obtained during the account opening process
FFIs are required to report the relevant account information of US taxpayers directly to the IRS
under the Model 2 IGA adopted by Hong Kong This is supplemented by group requests made
by the IRS to the Hong Kong Inland Revenue Department for exchange of information on
relevant US taxpayers at a government level on a need basis We expect that local authorities
will only be involved by exception
One of the largest misconceptions about FATCA is that FFIs without US customers will not be
impacted While the reporting aspects of FATCA are reduced when there are no US customers
the primary responsibility conferred upon FFIs is to be able to identify US customers through the
new client due diligence process as well as through pre-existing client remediation
Furthermore companies that are not normally considered financial institutions may still be
considered FFIs under the Hong Kong IGA (ie under the headings of custodial institution
depository institution investment entity or specified insurance company) and may have due
diligence and reporting requirements under FATCA
Hong Kong takes a major step towards the automatic exchange of information
In August 2014 the Organisation for Economic Co-operation and Development (ldquoOECDrdquo)
published the first edition of the Standard for Automatic Exchange of Financial Account
Information in Tax (the Common Reporting Standard) which was presented to the G20 Finance
Ministers and Central Bank Governors at their meeting in Cairns Australia on 20-21 September
2014 and is intended to facilitate the automatic exchange of financial information
Hong Kong was quick to respond directly and positively to the Global Forum on Transparency
and Exchange of Information for Tax Purposes (ldquoGlobal Forumrdquo) of which it is a member In an
announcement on 15 September 2015 Secretary for Financial Services and the Treasury
Professor KC Chan committed to implementing the Common Reporting Standard and said
ldquoIt is crucial for Hong Kong to adopt the latest global standard on tax transparency in order to
maintain our international reputation and competitiveness as an international financial and
business centrerdquo
Current legislation in Hong Kong precludes the exchange of information other than on a request
basis In order to adopt and implement the Common Reporting Standard appropriate legislation
will be required The secretary further announced that the HKSAR Government would soon
engage stakeholders address policy and legal issues and ultimately seek the Legislative
Councilrsquos approval for the legislation
This approach is similar to that adopted in introducing the legislation enacted in July 2013 to
enable Hong Kong to enter into standalone tax information exchange agreements (ldquoTIEArdquo) The
consultation process started in mid- to late 2012 and included extensive consultations with
business and industry bodies as well as legal financial and accountancy representative groups
We expect a similar process for the introduction of the Common Reporting Standard although
given the Global Forumrsquos anticipated commencement date of 2018 the necessary agreements
to properly implement the Common Reporting Standard and the required administrative
measures the government may need to work to a strict schedule
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
11
India
AUSTRALIA
CHINA
HONG KONG
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Cases
Gains arising in the hands of a Mauritian company from sale of equity shares and
Compulsory Convertible Debentures (rdquoCCDsrdquo) of an Indian company are not taxable as
interest income in India
Zaheer Mauritius v DIT International Taxation II [WP (C) 16482013 ampCM No 31052013]
(Delhi)
The taxpayer was a company incorporated and tax resident in Mauritius The taxpayer along with
Vatika Limited (ldquoVatikardquo) an Indian company invested in SH Techpark Developers Ltd (ldquoJV
companyrdquo) to undertake development of a real estate project in India
The taxpayer entered into a Securities Subscription Agreement (ldquoSSArdquo) and a Shareholderrsquos
Agreement (ldquoSHArdquo) with Vatika and the JV company The SHA recorded the terms of the
relationship between the taxpayer Vatika and the JV company their rights and obligations
including matters relating to transfer of equity shares and the management and operation of the
JV company
As per the SSA the taxpayer agreed to acquire 35 per cent ownership interest in the JV
company by making a total investment of INR1 billion in five tranches The taxpayer agreed to
subscribe to 46307 equity shares with a par value of INR10 each and 882585590 zero per cent
CCDs with a par value of INR1 each in a planned and phased manner The SHA also provided
for a call option to be given to Vatika by the taxpayer to acquire all the securities during the
option period and likewise a put option was given to the taxpayer by Vatika to sell to Vatika all
the securities during the determined period
Vatika partly exercised the call option and purchased 22924 equity shares and 436924490
CCDs from the taxpayer for a total consideration of INR800 million Subsequently the taxpayer
transferred further equity shares and CCDs to Vatika
The taxpayer filed an application with the Authority for Advance Ruling (ldquoAARrdquo) The AAR
concluded that the entire transaction which is embodied in the SSA SHA and other documents
was a sham and the real transaction was only of the taxpayer granting a loan to Vatika Based on
Article 10 of the SHA the AAR concluded that these agreements indicated that the taxpayer
would receive a fixed rate of return Accordingly the AAR held that the entire gains on the sale
of equity shares and CCDs held by the taxpayer were interest within the meaning of Section
2(28A) of the Act and Article 11 of the India-Mauritius tax treaty and were taxable in India
The taxpayer filed a writ petition before the Delhi High Court The High Court observed that
there was sufficient commercial reason for the taxpayer to have routed its investment from
Mauritius into the real estate project in India through equity shares and CCDs Thus the legal
nature of CCDs could not be ignored and the corporate veil between the Indian investee
company and the Indian JV company could not be lifted
Therefore the High Court held that the gains from sale of equity shares and CCDs are not
taxable as interest under the Act and the India-Mauritius tax treaty
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
12
Share sale transaction between Joint Venture (ldquoJVrdquo) partners resulting in loss is not a
lsquocolourable devicersquo
CIT v Siel Ltd (ITA No 16162010 and ITA No 16192010)
The taxpayer had entered into a JV agreement followed by a first amendatory agreement with
Plansee Tizit Aktiengesellschaft (ldquoPlanseerdquo) an Austrian company The agreement was entered
into for setting-up and forming the company Siel Tizit Ltd to carry on business of manufacture
sale distribution export and other dealings in hard metals
The two JV partners equally acquired the paid-up equity capital of 15 million equity shares of
INR10 per share During the year under consideration the JV declared a rights issue of six
million equity shares The taxpayer renounced its entitlement to subscribe 3 million equity
shares in the rights issue Thereafter Planseersquos shareholding increased to 583 per cent while
the taxpayerrsquos share holding decreased to 417 per cent
Subsequently the taxpayer and Plansee entered into an agreement whereby Seil Tezit Ltd
proposed to offer 10 million fresh equity shares for cash at par on a rights basis but the taxpayer
due to financial difficulties was unable to subscribe for the shares Therefore the taxpayer
decided to renounce the rights in favour of Plansee
Further on taxpayerrsquos request Plansee agreed to buy the taxpayerrsquos 127 million shareholding for
a consideration of USD600000 which on conversion came to INR202 per share with face value
of INR10 each This resulted in book loss of INR1012 million or indexed loss of INR1362 million
on capital account
The Assessing Officer (ldquoAOrdquo) did not accept the said capital loss and challenged the transaction
The Delhi High Court held that the said transaction had commercial or business reasons The
High Court observed that the Ministry of Industry had granted approval for purchasesale of
shares Further the Reserve Bank of India (rdquoRBIrdquo) had given no objection to the transaction
permitting JV partners to acquire shares in the JV from the taxpayer The reliance of the
taxpayer on the valuation report was also accepted by the RBI when they granted express
permission
Taxation rulings and determinations
Central Board of Direct Taxation (ldquoCBDTrsquo) extends the concessional rate (5 per cent) of
withholding tax on the interest payments to a non-resident on borrowing by way of any
long term bonds in foreign currency
Section 194LC of the Income-tax Act 1961 (ldquothe Actrdquo) was introduced by the Finance Act 2012
It provides a lower withholding tax at the rate of 5 per cent on the interest payments by Indian
companies on borrowings made in foreign currency from a source outside India
The benefit is available in respect of borrowings made either under an agreement or by way of
issue of long term infrastructure bonds The section further provides that such borrowing and
the rate of interest should be approved by the Central Government
Subsequently with a view to lower the compliance burden and reduce the time lag which would
have arisen on account of case-by-case approval the Central Government had decided to grant
approval to all borrowings under loan agreements and long term infrastructure bonds provided
they satisfy prescribed conditions
The Finance (No 2) Act 2014 further extended the concessional rate of withholding tax on
borrowing any long term bonds not limited to a long term infrastructure bond if the borrowing is
made on or after 1 October 2014 Further the concluding date of the period of borrowings
eligible for concession under Section 194LC of the Act has been extended to borrowings made
before the 1 July 2017 and approved by the Central Government
In order to mitigate the compliance burden the CBDT has now issued a Circular conveying the
approval of the Central Government on long term bonds including long term infrastructure bonds
which satisfy the prescribed conditions laid down in the circular
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
13
Other developments
Agreement for avoidance of double taxation and prevention of fiscal evasion with Fiji
The Government of India has announced its tax treaty with the Government of Fiji on 12 August
2014 The tax treaty was signed on 30 January 2014 and will be effective from 1 April 2015
The tax treaty expands the scope of a Permanent Establishment (rdquoPErdquo) by including insurance
PE The tax treaty taxes royalties and fees for technical services at 10 per cent dividend at 5 per
cent and interest at 10 per cent The provisions of the tax treaty do not prevent the contracting
states from applying provisions of the domestic law and measures of tax avoidance or tax
evasion by having clauses on limitation of benefit and exchange of information
India signs first bilateral APA with Japan
On 19 December 2014 the CBDT signed a bilateral Advance Pricing Agreement (ldquoAPArdquo) with a
Japanese company This is Indiarsquos first bilateral APA which has been signed for a period of five
years CBDT announced that this bilateral APA was finalised in one and half years
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
14
Indonesia
AUSTRALIA
CHINA
HONG KONG
INDIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Legislative developments
New Bank Indonesia Regulation Imposes Limitations on Foreign Financing by Indonesian
Companies
On October 28 2014 Bank Indonesia the Indonesian central bank issued BI Regulation No
1620PBI2014 on Prudential Principles in the Management of Offshore Borrowing for Non-Bank
Institutions (ldquoBI Regulation 16rdquo) which imposes significant restrictions on new offshore financing
arrangements entered into by non-banking institutions in Indonesia The new BI Regulation 16
will force Indonesian non-banking corporations to apply prudent fiscal management regarding
foreign debt
The regulation came into effect on 1 January 2015 and requires Indonesian non-banking
borrowers to satisfy certain minimum hedging and liquidity ratios in relation to their external
indebtedness In particular the regulation requires Indonesian companies who borrow from
offshore source to fulfill three prudential criteria
Hedging ratio From 1 January to 31 December 2015 at least 20 percent of the difference
between foreign currency external indebtedness which will be due in the following six
months and foreign currency assets is required to be hedged Commencing from 1 January
2016 the ratio will be increased to 25 percent
Liquidity ratio From 1 January to 31 December 2015 the minimum ratio of foreign currency
assets to external indebtedness which will be due in the following three months is required
to be 50 percent Commencing from 1 January 2016 the ratio will be increased to 70
percent
Credit rating Commencing from 1 January 2016 any non-banking borrowers must have a
minimum BB rating or its equivalent from an authorized ratings agency
Furthermore under the new BI Regulation 16 non-banking institutions in Indonesia will be
required to submit quarterly report to Bank Indonesia detailing their hedging and liquidity ratios
It appears that no criminal or monetary sanctions will be imposed on borrowers or lenders who
contravene the three prudential criteria However Bank Indonesia will begin imposing
administrative sanctions in the form of warning letters to ldquorelated partiesrdquo in the transaction
including the lenders who are providing the non-compliant debt and disclose to other regulators
such as the Capital Markets Supervisory Authority or OJK which could implement wider-ranging
sanctions under the capital markets regulations for non-compliance
The newly published BI Regulation 16 may force Indonesian corporate borrowers to refinance
their external borrowings in order to meet the criteria However there are still uncertainties
surrounding the detail on how these hedging and liquidity ratios will be calculated The new BI
Regulation 16 is also likely to influence policymakers to review any potential debt leveraging
under the current ldquoThin Capitalisationrdquo concept
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
15
Japan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The ruling coalition (the Liberal Democratic Party and New Komeito) agreed on the lsquoOutline of
the 2015 Tax Reform Proposalsrsquo (ldquoProposalrdquo) on 30 December 2014 We have set out below
brief summaries of the main points of the Proposal
The Proposal itself is only an indicative outline and is unclear with respect to some of the
contemplated changes The details of the tax reform will be unveiled in the bills revising the tax
laws and the succeeding amended tax laws cabinet orders and ministerial ordinances Please
note that the final tax reform could differ from the Proposal depending on the outcome of
discussions in the Diet
Corporate tax rates
Reduction in Effective Corporate Tax Rates
Under the Proposal there will be reductions in the national and local tax rates such that the
effective corporate tax rate should reduce as follows for large sized companies
Current tax law Proposal
Fiscal years beginning
between 1 April 2014
and 31 March 2015
Fiscal years beginning
between 1 April 2015
and 31 March 2016
Fiscal years beginning
on or after 1 April 2016
3462 3211 3133
-
Reduced by 251
compared with
the current tax rate
Reduced by 329
compared with
the current tax rate
The above effective tax rates take into account the tax deductibility of special local
corporation tax and business tax payments and are calculated using the standard tax rates
applied to a company whose stated capital is over JPY100 million
The effective corporate tax rate using Tokyo tax rates applied to a company whose stated
capital is over JPY100 million is currently 3564 percent and the future tax rates will be
available after the business tax rates (income component) for Tokyo are determined in the
range between the standard rates and the maximum tax rates
Size-based Business Tax
Size-based business tax to be levied based on corporate business size not on corporate
incomerevenue as consideration for administration services provided by local governments
was introduced in 2004 Under the 2015 tax reform amendments to size-based business
tax (including increases in tax rates) are proposed in order to make up for lost tax revenues
caused by the reduction of the effective corporate tax rates
Corporate taxation
Tax Loss Carry-forwards
The tax loss carry-forward rules will be amended as below
i Deductible amount of tax losses
The deductible amount of tax losses brought forward will be reduced as follows for
large-sized companies (generally capital over JPY100 million)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
16
Current tax law
Proposal
Fiscal years beginning
between
1 April 2015 and 31 March
2017
Fiscal years beginning on
or after
1 April 2017
Up to 80
of taxable income for
the fiscal year
Up to 65
of taxable income for the
fiscal year
Up to 50
of taxable income for the
fiscal year
ii Tax loss carry-forward period
The tax loss carry-forward period will be extended from 9 years to 10 years As a
result the preservation period for accounting documents the statute of limitations for
corrections by the tax authorities with respect to tax losses and requests for correction
by taxpayers with respect to tax losses will also be extended from 9 years to 10 years
These amendments will be applied to tax losses incurred in fiscal years beginning on or
after 1 April 2017
Dividends Received Deduction
The rules concerning the dividends received deduction are proposed to change as follows
i Excludable ratios for dividends derived from shares
Current tax law
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio 25 or more)
(Dividends received - Interest on debts) x 100
Shares other than the above (Dividends received - Interest on debts) x 50
Proposal
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio more than 13)
(Dividends received - Interest on
debts) x 100
Other shares
(ownership ratio more than 5 but 13 or less)
Dividends received x 50
Non-controlling shares
( ownership ratio 5 or less)
Dividends received x 20
1) The special measure for non-life insurance companies with respect to interest on debts
will be abolished
2) A special measure to enable blue-return filing insurance companies to exclude 40
percent of dividends derived from non-controlling shares from their taxable income will
be introduced
ii Excludable ratios of distribution of profits from investment trusts
Current tax law Proposal
Equity
investment
trusts
(Distribution of profits x 12 (or 14) -
Interest on debts) x 50 0
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
5
For taxpayers that undertake significant FX hedging these issues can affect their entitlement to
foreign income tax offsets (ldquoFITOsrdquo) Where FX losses exceed FX gains in a particular year a
taxpayer will lose their entitlement to FITOs for that year (notwithstanding that these FITOs may
relate to foreign taxes paid on other foreign income such as interest or dividends) This issue is
of particular significance to the managed funds industry
In the ATOrsquos view the source of FX hedging gains is the place where each individual FX contract
is formed
Taxation Ruling TR 20146 ndash Application of transfer pricing reconstruction provisions
The ruling outlines the Commissionerrsquos views on the application of the reconstruction provisions
as contained in the new transfer pricing regime The ruling covers situations where the
Commissioner may re-price reconstruct or disregard cross-border transactions should they not
be considered armrsquos-length
Taxation Ruling TR 20148 ndash Application of transfer pricing record keeping provisions
The ruling outlines the Commissionerrsquos views on the application of the legislated transfer pricing
documentation requirements If an entity does not meet these requirements the provisions
dealing with administrative penalties apply as though a matter was not reasonably arguable (and
thus subject to a higher penalty regime) The ATO incentivises taxpayers to enhance their
transfer pricing documentation by offering reduced penalties in the event of a transfer pricing
adjustment
This Ruling is part of a package of ATO guidance dealing with transfer pricing documentation
Practice Statement PS LA 20142 Administration of transfer pricing penalties for income
years commencing on or after 29 June 2013 and
Practice Statement PS LA 20143 Simplifying transfer pricing record keeping
Other developments
Release of Final Report of the Financial System Inquiry
On 7 December 2014 the Treasurer released the Final Report of the Financial System Inquiry
(the lsquoMurray Reviewrsquo) The report includes 44 recommendations of potential areas of reform of
the Australian financial system including 13 tax settings that potentially distort the allocation of
funding and risk in the economy (eg dividend imputation interest withholding tax GST not
currently levied on financial supplies etc)
The tax issues raised in the final report have been referred to the Federal Governmentrsquos Tax
White Paper process which is expected to commence in early 2015
ATO response to OECDG20 BEPS Project
Following the recent release of the the Organisation for Economic Co-operation and
Development (ldquoOECDrdquo) recommendations on the 7 Action Items to address Base Erosion and
Profit Shifting (ldquoBEPSrdquo) the ATO released a progress report setting out how they intend to
address certain Action Items In summary
Hybrid Mismatches The ATO is currently investigating examples of hybrid mismatches to
establish the level of risk before determining any potential action required
Harmful tax practices The ATO has set up an Integrated Tax Design team to improve
transparency and exchange of tax rulings related to preferential regimes
Treaty abuse The ATO has expressed a strong interest in developing a lsquoprincipal purpose
testrsquo because of the difficulties of applying Part IVA (anti avoidance provisions) to complex
offshore arrangements
Mid-Year Economic and Fiscal Outlook
On 15 December 2014 the Treasurer released the Federal Governmentrsquos Mid-Year Economic
and Fiscal Outlook (ldquoMYEFOrdquo) The following tax policy changes relevant to the financial
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
6
services sector were released under the report
Managed Investment Trusts (ldquoMITrdquo) minor changes will be made to better target the armrsquos
length integrity rule and also allow foreign life insurance companies access to the MIT
regime There will also be clarification provided on the tax treatment of tax deferred
distributions paid by MITs (effective from 1 July 2011)
Investment Manager Regime (ldquoIMRrdquo) updated exposure draft legislation on IMR Element 3
is to be released in early 2015 which will provide a tax exemption on the gains of widely
held foreign funds that have invested in certain financial arrangements in Australia The
proposed regime is expected to broadly reflect the UK equivalent Investment Manager
Exemption The regime is expected to apply from the 2015-16 income year but with an
option for investors to apply retrospectively from the 2011-12 income year
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
7
China
AUSTRALIA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The Ministry of Finance (ldquoMOFrdquo) China Securities Regulatory Commission (rdquoCSRCrdquo) and the
State Administration of Taxation (rdquoSATrdquo) jointly issued Caishui [2014] No 79 (rdquoCircular 79rdquo)
Notice on the Issues of Temporary Corporate Income Tax Exemption for Capital Gains Derived
from the transfer of PRC Shares and Equity Interests on 14 November 2014
Under Circular 79 Foreign Institutional Investors (ldquoQFIIsrdquo) and RMB Qualified Foreign
Institutional Investors (ldquoRQFIIsrdquo) are temporarily exempt from Corporate Income Tax
(ldquoCITrdquo) in respect of China sourced gains derived from the transfer of shares (and other
equity investments) on or after 17 November 2014
In respect of China sourced gains derived by QFIIs and RQFIIs from the transfer of shares
prior to 17 November 2014 Circular 79 prescribes that such gains would be subject to CIT
(ie 10 withholding tax) in accordance with the CIT Law
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
8
Hong Kong
AUSTRALIA
CHINA
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Private Equity fund tax exemption expected to be legislated in 2015
The Hong Kong Government recently completed industry consultation in relation to the proposed
new private equity (ldquoPErdquo) fund tax exemption which were initially announced by the Financial
Secretary in his 201314 budget speech It is expected that draft legislation will be introduced to
the Legislative Council in coming months
Existing Offshore Funds tax exemption
For PE funds the existing exemption has not been effective because it did not apply to
investments in private companies A further limitation is that investments need to be
arranged by a person licensed with the Securities and Futures Commission (ldquoSFCrdquo) In
practice managers of many PE funds are not required to obtain an SFC license
Expected changes and our comments
i Transactions in private companies
The current exemption will be expanded to cover a broad range of private companies
including those incorporated outside of Hong Kong unless at any time in the three
years prior to the relevant disposal of securities in a private company it either
1) carried on business in Hong Kong through a permanent establishment
2) directly or indirectly held equity interests in one or more private companies
carrying on business in Hong Kong through a permanent establishment or the
aggregate value of those equity interests was more than 10 of its own total
asset value or
3) held real estate in Hong Kong or directly or indirectly held equity interests in one
or more private companiesrsquo with direct or indirect holdings of real estate in Hong
Kong in addition the aggregate value of the Hong Kong real estate held by it plus
the value of the equity interests held in the other private companies exceeded
10 of the value of its own total asset value
To prevent round-tripping the existing deeming provisions will equally apply to offshore
private equity funds ie a resident person (alone or jointly with his associates) holding a
beneficial interest of 30 or more in a tax-exempt private equity fund will be deemed
to have derived assessable profits in respect of profits earned by the fund from
specified transactions and incidental transactions in Hong Kong
Exempt investments in private companies include investments in shares stocks
debentures loan stocks funds bonds or notes As such this should be broad enough
to cover most types of transactions typically entered into by PE funds
ii Bona fide private equity fund
This definition should capture most genuine PE funds being defined as an offshore PE
fund which at all times after its final closing has more than 4 investors (associates
being aggregated) having collectively committed more than 90 of the fundrsquos capital
In addition the fundsrsquo originator (and their associates) should not be entitled to more
than 30 of the net proceeds arising from fund transactions Funds which satisfy
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
9
these requirements would not need to have transactions carried out through or
arranged by an SFC-licensed person to benefit from the offshore funds exemption
iii Special Purpose Vehicles (ldquoSPVsrdquo)
Officials have agreed that the offshore funds exemption should also apply to profits
derived both by an SPV from an investment in a private company and by an offshore
fund from the disposal of an SPV which holds an investment in a private company
It is proposed that SPV will be defined quite broadly to include corporations
partnerships trustees or any other entity incorporated registered or appointed in or
outside Hong Kong The SPV can be wholly or partially owned by a non-resident be
established only for holding and administering one or more eligible portfolio companies
and would not be able to carry on any other trade or activity
Deeming provisions are also proposed to apply to resident person (alone or jointly with
his associates) holds a beneficial interest of 30 or more in a tax-exempt private equity
fund and the fund has a beneficial interest in an SPV that is exempt
For a number of years the Hong Kong PE fund industry has been at a competitive disadvantage
when compared to other fund centres (in particular Singapore) as there has not been a specific
tax exemption clearly applicable to offshore PE funds with Hong Kong-based deal teams
The key benefit of the expected changes is that it will provide investment professionals based in
Hong Kong with greater flexibility in undertaking their daily tasks without the concern about
creating a tax exposure in Hong Kong for the fund that they represent
We recommend that funds operating in Hong Kong start considering changes in anticipation of
the pending legislation This may include
Changes to existing operating protocols and the time to implement them
Amendments to and simplification of existing fund structures and
Preparing or updating transfer pricing support documentation for fees paid to Hong Kong
investment advisors to reflect activities intended to be performed in Hong Kong going
forward
Other developments
Hong Kong signs Model 2 IGA under FATCA
The US Foreign Account Tax Compliance Act (ldquoFATCArdquo) is a US law designed to combat tax
evasion by US citizens and residents through the use of offshore accounts and investments
Generally FATCA requires the identification and reporting of US taxpayers by Foreign Financial
Institutions (ldquoFFIsrdquo) outside of the US to the US Internal Revenue Service (ldquoIRSrdquo) In certain
instances FATCA withholding at the rate of 30 may also apply to certain types of US sourced
income
Within Asia Pacific only Australia New Zealand Hong Kong and Japan have signed
Intergovernmental Agreements (ldquoIGAsrdquo) with the US Treasury to-date thereby defining their
obligations and exemptions under FATCA andor local law In particular the Hong Kong IGA
covers certain exemptions for financial institutions or products including Mandatory Provident
Fund schemes registered financial institutions with a local client base certain investment
advisers and investment managers established in Hong Kong
While the Hong Kong IGA largely mitigates the need for FATCA withholding it could still apply
where withholdable payments (US source income or proceeds from the sale of property that
generates US source income) are made to overseas Non-Participating FFIs
Under the IGA FFIs in Hong Kong may rely on a set of streamlined due diligence procedures to
screen and identify US indicia in order to locate US accounts and clients for reporting purposes
For example in determining whether a new individual account is a US account based on a
customized self-certification received from the applicant rather than more esoteric procedures
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
10
under FATCA regulations such as the use of US-centric withholding certificates FFIs are
required however to confirm the reasonableness of such certification which can be
accomplished by reference to other documents obtained during the account opening process
FFIs are required to report the relevant account information of US taxpayers directly to the IRS
under the Model 2 IGA adopted by Hong Kong This is supplemented by group requests made
by the IRS to the Hong Kong Inland Revenue Department for exchange of information on
relevant US taxpayers at a government level on a need basis We expect that local authorities
will only be involved by exception
One of the largest misconceptions about FATCA is that FFIs without US customers will not be
impacted While the reporting aspects of FATCA are reduced when there are no US customers
the primary responsibility conferred upon FFIs is to be able to identify US customers through the
new client due diligence process as well as through pre-existing client remediation
Furthermore companies that are not normally considered financial institutions may still be
considered FFIs under the Hong Kong IGA (ie under the headings of custodial institution
depository institution investment entity or specified insurance company) and may have due
diligence and reporting requirements under FATCA
Hong Kong takes a major step towards the automatic exchange of information
In August 2014 the Organisation for Economic Co-operation and Development (ldquoOECDrdquo)
published the first edition of the Standard for Automatic Exchange of Financial Account
Information in Tax (the Common Reporting Standard) which was presented to the G20 Finance
Ministers and Central Bank Governors at their meeting in Cairns Australia on 20-21 September
2014 and is intended to facilitate the automatic exchange of financial information
Hong Kong was quick to respond directly and positively to the Global Forum on Transparency
and Exchange of Information for Tax Purposes (ldquoGlobal Forumrdquo) of which it is a member In an
announcement on 15 September 2015 Secretary for Financial Services and the Treasury
Professor KC Chan committed to implementing the Common Reporting Standard and said
ldquoIt is crucial for Hong Kong to adopt the latest global standard on tax transparency in order to
maintain our international reputation and competitiveness as an international financial and
business centrerdquo
Current legislation in Hong Kong precludes the exchange of information other than on a request
basis In order to adopt and implement the Common Reporting Standard appropriate legislation
will be required The secretary further announced that the HKSAR Government would soon
engage stakeholders address policy and legal issues and ultimately seek the Legislative
Councilrsquos approval for the legislation
This approach is similar to that adopted in introducing the legislation enacted in July 2013 to
enable Hong Kong to enter into standalone tax information exchange agreements (ldquoTIEArdquo) The
consultation process started in mid- to late 2012 and included extensive consultations with
business and industry bodies as well as legal financial and accountancy representative groups
We expect a similar process for the introduction of the Common Reporting Standard although
given the Global Forumrsquos anticipated commencement date of 2018 the necessary agreements
to properly implement the Common Reporting Standard and the required administrative
measures the government may need to work to a strict schedule
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
11
India
AUSTRALIA
CHINA
HONG KONG
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
Gains arising in the hands of a Mauritian company from sale of equity shares and
Compulsory Convertible Debentures (rdquoCCDsrdquo) of an Indian company are not taxable as
interest income in India
Zaheer Mauritius v DIT International Taxation II [WP (C) 16482013 ampCM No 31052013]
(Delhi)
The taxpayer was a company incorporated and tax resident in Mauritius The taxpayer along with
Vatika Limited (ldquoVatikardquo) an Indian company invested in SH Techpark Developers Ltd (ldquoJV
companyrdquo) to undertake development of a real estate project in India
The taxpayer entered into a Securities Subscription Agreement (ldquoSSArdquo) and a Shareholderrsquos
Agreement (ldquoSHArdquo) with Vatika and the JV company The SHA recorded the terms of the
relationship between the taxpayer Vatika and the JV company their rights and obligations
including matters relating to transfer of equity shares and the management and operation of the
JV company
As per the SSA the taxpayer agreed to acquire 35 per cent ownership interest in the JV
company by making a total investment of INR1 billion in five tranches The taxpayer agreed to
subscribe to 46307 equity shares with a par value of INR10 each and 882585590 zero per cent
CCDs with a par value of INR1 each in a planned and phased manner The SHA also provided
for a call option to be given to Vatika by the taxpayer to acquire all the securities during the
option period and likewise a put option was given to the taxpayer by Vatika to sell to Vatika all
the securities during the determined period
Vatika partly exercised the call option and purchased 22924 equity shares and 436924490
CCDs from the taxpayer for a total consideration of INR800 million Subsequently the taxpayer
transferred further equity shares and CCDs to Vatika
The taxpayer filed an application with the Authority for Advance Ruling (ldquoAARrdquo) The AAR
concluded that the entire transaction which is embodied in the SSA SHA and other documents
was a sham and the real transaction was only of the taxpayer granting a loan to Vatika Based on
Article 10 of the SHA the AAR concluded that these agreements indicated that the taxpayer
would receive a fixed rate of return Accordingly the AAR held that the entire gains on the sale
of equity shares and CCDs held by the taxpayer were interest within the meaning of Section
2(28A) of the Act and Article 11 of the India-Mauritius tax treaty and were taxable in India
The taxpayer filed a writ petition before the Delhi High Court The High Court observed that
there was sufficient commercial reason for the taxpayer to have routed its investment from
Mauritius into the real estate project in India through equity shares and CCDs Thus the legal
nature of CCDs could not be ignored and the corporate veil between the Indian investee
company and the Indian JV company could not be lifted
Therefore the High Court held that the gains from sale of equity shares and CCDs are not
taxable as interest under the Act and the India-Mauritius tax treaty
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
12
Share sale transaction between Joint Venture (ldquoJVrdquo) partners resulting in loss is not a
lsquocolourable devicersquo
CIT v Siel Ltd (ITA No 16162010 and ITA No 16192010)
The taxpayer had entered into a JV agreement followed by a first amendatory agreement with
Plansee Tizit Aktiengesellschaft (ldquoPlanseerdquo) an Austrian company The agreement was entered
into for setting-up and forming the company Siel Tizit Ltd to carry on business of manufacture
sale distribution export and other dealings in hard metals
The two JV partners equally acquired the paid-up equity capital of 15 million equity shares of
INR10 per share During the year under consideration the JV declared a rights issue of six
million equity shares The taxpayer renounced its entitlement to subscribe 3 million equity
shares in the rights issue Thereafter Planseersquos shareholding increased to 583 per cent while
the taxpayerrsquos share holding decreased to 417 per cent
Subsequently the taxpayer and Plansee entered into an agreement whereby Seil Tezit Ltd
proposed to offer 10 million fresh equity shares for cash at par on a rights basis but the taxpayer
due to financial difficulties was unable to subscribe for the shares Therefore the taxpayer
decided to renounce the rights in favour of Plansee
Further on taxpayerrsquos request Plansee agreed to buy the taxpayerrsquos 127 million shareholding for
a consideration of USD600000 which on conversion came to INR202 per share with face value
of INR10 each This resulted in book loss of INR1012 million or indexed loss of INR1362 million
on capital account
The Assessing Officer (ldquoAOrdquo) did not accept the said capital loss and challenged the transaction
The Delhi High Court held that the said transaction had commercial or business reasons The
High Court observed that the Ministry of Industry had granted approval for purchasesale of
shares Further the Reserve Bank of India (rdquoRBIrdquo) had given no objection to the transaction
permitting JV partners to acquire shares in the JV from the taxpayer The reliance of the
taxpayer on the valuation report was also accepted by the RBI when they granted express
permission
Taxation rulings and determinations
Central Board of Direct Taxation (ldquoCBDTrsquo) extends the concessional rate (5 per cent) of
withholding tax on the interest payments to a non-resident on borrowing by way of any
long term bonds in foreign currency
Section 194LC of the Income-tax Act 1961 (ldquothe Actrdquo) was introduced by the Finance Act 2012
It provides a lower withholding tax at the rate of 5 per cent on the interest payments by Indian
companies on borrowings made in foreign currency from a source outside India
The benefit is available in respect of borrowings made either under an agreement or by way of
issue of long term infrastructure bonds The section further provides that such borrowing and
the rate of interest should be approved by the Central Government
Subsequently with a view to lower the compliance burden and reduce the time lag which would
have arisen on account of case-by-case approval the Central Government had decided to grant
approval to all borrowings under loan agreements and long term infrastructure bonds provided
they satisfy prescribed conditions
The Finance (No 2) Act 2014 further extended the concessional rate of withholding tax on
borrowing any long term bonds not limited to a long term infrastructure bond if the borrowing is
made on or after 1 October 2014 Further the concluding date of the period of borrowings
eligible for concession under Section 194LC of the Act has been extended to borrowings made
before the 1 July 2017 and approved by the Central Government
In order to mitigate the compliance burden the CBDT has now issued a Circular conveying the
approval of the Central Government on long term bonds including long term infrastructure bonds
which satisfy the prescribed conditions laid down in the circular
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
13
Other developments
Agreement for avoidance of double taxation and prevention of fiscal evasion with Fiji
The Government of India has announced its tax treaty with the Government of Fiji on 12 August
2014 The tax treaty was signed on 30 January 2014 and will be effective from 1 April 2015
The tax treaty expands the scope of a Permanent Establishment (rdquoPErdquo) by including insurance
PE The tax treaty taxes royalties and fees for technical services at 10 per cent dividend at 5 per
cent and interest at 10 per cent The provisions of the tax treaty do not prevent the contracting
states from applying provisions of the domestic law and measures of tax avoidance or tax
evasion by having clauses on limitation of benefit and exchange of information
India signs first bilateral APA with Japan
On 19 December 2014 the CBDT signed a bilateral Advance Pricing Agreement (ldquoAPArdquo) with a
Japanese company This is Indiarsquos first bilateral APA which has been signed for a period of five
years CBDT announced that this bilateral APA was finalised in one and half years
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
14
Indonesia
AUSTRALIA
CHINA
HONG KONG
INDIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Bank Indonesia Regulation Imposes Limitations on Foreign Financing by Indonesian
Companies
On October 28 2014 Bank Indonesia the Indonesian central bank issued BI Regulation No
1620PBI2014 on Prudential Principles in the Management of Offshore Borrowing for Non-Bank
Institutions (ldquoBI Regulation 16rdquo) which imposes significant restrictions on new offshore financing
arrangements entered into by non-banking institutions in Indonesia The new BI Regulation 16
will force Indonesian non-banking corporations to apply prudent fiscal management regarding
foreign debt
The regulation came into effect on 1 January 2015 and requires Indonesian non-banking
borrowers to satisfy certain minimum hedging and liquidity ratios in relation to their external
indebtedness In particular the regulation requires Indonesian companies who borrow from
offshore source to fulfill three prudential criteria
Hedging ratio From 1 January to 31 December 2015 at least 20 percent of the difference
between foreign currency external indebtedness which will be due in the following six
months and foreign currency assets is required to be hedged Commencing from 1 January
2016 the ratio will be increased to 25 percent
Liquidity ratio From 1 January to 31 December 2015 the minimum ratio of foreign currency
assets to external indebtedness which will be due in the following three months is required
to be 50 percent Commencing from 1 January 2016 the ratio will be increased to 70
percent
Credit rating Commencing from 1 January 2016 any non-banking borrowers must have a
minimum BB rating or its equivalent from an authorized ratings agency
Furthermore under the new BI Regulation 16 non-banking institutions in Indonesia will be
required to submit quarterly report to Bank Indonesia detailing their hedging and liquidity ratios
It appears that no criminal or monetary sanctions will be imposed on borrowers or lenders who
contravene the three prudential criteria However Bank Indonesia will begin imposing
administrative sanctions in the form of warning letters to ldquorelated partiesrdquo in the transaction
including the lenders who are providing the non-compliant debt and disclose to other regulators
such as the Capital Markets Supervisory Authority or OJK which could implement wider-ranging
sanctions under the capital markets regulations for non-compliance
The newly published BI Regulation 16 may force Indonesian corporate borrowers to refinance
their external borrowings in order to meet the criteria However there are still uncertainties
surrounding the detail on how these hedging and liquidity ratios will be calculated The new BI
Regulation 16 is also likely to influence policymakers to review any potential debt leveraging
under the current ldquoThin Capitalisationrdquo concept
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
15
Japan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Legislative developments
The ruling coalition (the Liberal Democratic Party and New Komeito) agreed on the lsquoOutline of
the 2015 Tax Reform Proposalsrsquo (ldquoProposalrdquo) on 30 December 2014 We have set out below
brief summaries of the main points of the Proposal
The Proposal itself is only an indicative outline and is unclear with respect to some of the
contemplated changes The details of the tax reform will be unveiled in the bills revising the tax
laws and the succeeding amended tax laws cabinet orders and ministerial ordinances Please
note that the final tax reform could differ from the Proposal depending on the outcome of
discussions in the Diet
Corporate tax rates
Reduction in Effective Corporate Tax Rates
Under the Proposal there will be reductions in the national and local tax rates such that the
effective corporate tax rate should reduce as follows for large sized companies
Current tax law Proposal
Fiscal years beginning
between 1 April 2014
and 31 March 2015
Fiscal years beginning
between 1 April 2015
and 31 March 2016
Fiscal years beginning
on or after 1 April 2016
3462 3211 3133
-
Reduced by 251
compared with
the current tax rate
Reduced by 329
compared with
the current tax rate
The above effective tax rates take into account the tax deductibility of special local
corporation tax and business tax payments and are calculated using the standard tax rates
applied to a company whose stated capital is over JPY100 million
The effective corporate tax rate using Tokyo tax rates applied to a company whose stated
capital is over JPY100 million is currently 3564 percent and the future tax rates will be
available after the business tax rates (income component) for Tokyo are determined in the
range between the standard rates and the maximum tax rates
Size-based Business Tax
Size-based business tax to be levied based on corporate business size not on corporate
incomerevenue as consideration for administration services provided by local governments
was introduced in 2004 Under the 2015 tax reform amendments to size-based business
tax (including increases in tax rates) are proposed in order to make up for lost tax revenues
caused by the reduction of the effective corporate tax rates
Corporate taxation
Tax Loss Carry-forwards
The tax loss carry-forward rules will be amended as below
i Deductible amount of tax losses
The deductible amount of tax losses brought forward will be reduced as follows for
large-sized companies (generally capital over JPY100 million)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
16
Current tax law
Proposal
Fiscal years beginning
between
1 April 2015 and 31 March
2017
Fiscal years beginning on
or after
1 April 2017
Up to 80
of taxable income for
the fiscal year
Up to 65
of taxable income for the
fiscal year
Up to 50
of taxable income for the
fiscal year
ii Tax loss carry-forward period
The tax loss carry-forward period will be extended from 9 years to 10 years As a
result the preservation period for accounting documents the statute of limitations for
corrections by the tax authorities with respect to tax losses and requests for correction
by taxpayers with respect to tax losses will also be extended from 9 years to 10 years
These amendments will be applied to tax losses incurred in fiscal years beginning on or
after 1 April 2017
Dividends Received Deduction
The rules concerning the dividends received deduction are proposed to change as follows
i Excludable ratios for dividends derived from shares
Current tax law
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio 25 or more)
(Dividends received - Interest on debts) x 100
Shares other than the above (Dividends received - Interest on debts) x 50
Proposal
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio more than 13)
(Dividends received - Interest on
debts) x 100
Other shares
(ownership ratio more than 5 but 13 or less)
Dividends received x 50
Non-controlling shares
( ownership ratio 5 or less)
Dividends received x 20
1) The special measure for non-life insurance companies with respect to interest on debts
will be abolished
2) A special measure to enable blue-return filing insurance companies to exclude 40
percent of dividends derived from non-controlling shares from their taxable income will
be introduced
ii Excludable ratios of distribution of profits from investment trusts
Current tax law Proposal
Equity
investment
trusts
(Distribution of profits x 12 (or 14) -
Interest on debts) x 50 0
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
Back to top
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
6
services sector were released under the report
Managed Investment Trusts (ldquoMITrdquo) minor changes will be made to better target the armrsquos
length integrity rule and also allow foreign life insurance companies access to the MIT
regime There will also be clarification provided on the tax treatment of tax deferred
distributions paid by MITs (effective from 1 July 2011)
Investment Manager Regime (ldquoIMRrdquo) updated exposure draft legislation on IMR Element 3
is to be released in early 2015 which will provide a tax exemption on the gains of widely
held foreign funds that have invested in certain financial arrangements in Australia The
proposed regime is expected to broadly reflect the UK equivalent Investment Manager
Exemption The regime is expected to apply from the 2015-16 income year but with an
option for investors to apply retrospectively from the 2011-12 income year
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
7
China
AUSTRALIA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The Ministry of Finance (ldquoMOFrdquo) China Securities Regulatory Commission (rdquoCSRCrdquo) and the
State Administration of Taxation (rdquoSATrdquo) jointly issued Caishui [2014] No 79 (rdquoCircular 79rdquo)
Notice on the Issues of Temporary Corporate Income Tax Exemption for Capital Gains Derived
from the transfer of PRC Shares and Equity Interests on 14 November 2014
Under Circular 79 Foreign Institutional Investors (ldquoQFIIsrdquo) and RMB Qualified Foreign
Institutional Investors (ldquoRQFIIsrdquo) are temporarily exempt from Corporate Income Tax
(ldquoCITrdquo) in respect of China sourced gains derived from the transfer of shares (and other
equity investments) on or after 17 November 2014
In respect of China sourced gains derived by QFIIs and RQFIIs from the transfer of shares
prior to 17 November 2014 Circular 79 prescribes that such gains would be subject to CIT
(ie 10 withholding tax) in accordance with the CIT Law
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
8
Hong Kong
AUSTRALIA
CHINA
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Private Equity fund tax exemption expected to be legislated in 2015
The Hong Kong Government recently completed industry consultation in relation to the proposed
new private equity (ldquoPErdquo) fund tax exemption which were initially announced by the Financial
Secretary in his 201314 budget speech It is expected that draft legislation will be introduced to
the Legislative Council in coming months
Existing Offshore Funds tax exemption
For PE funds the existing exemption has not been effective because it did not apply to
investments in private companies A further limitation is that investments need to be
arranged by a person licensed with the Securities and Futures Commission (ldquoSFCrdquo) In
practice managers of many PE funds are not required to obtain an SFC license
Expected changes and our comments
i Transactions in private companies
The current exemption will be expanded to cover a broad range of private companies
including those incorporated outside of Hong Kong unless at any time in the three
years prior to the relevant disposal of securities in a private company it either
1) carried on business in Hong Kong through a permanent establishment
2) directly or indirectly held equity interests in one or more private companies
carrying on business in Hong Kong through a permanent establishment or the
aggregate value of those equity interests was more than 10 of its own total
asset value or
3) held real estate in Hong Kong or directly or indirectly held equity interests in one
or more private companiesrsquo with direct or indirect holdings of real estate in Hong
Kong in addition the aggregate value of the Hong Kong real estate held by it plus
the value of the equity interests held in the other private companies exceeded
10 of the value of its own total asset value
To prevent round-tripping the existing deeming provisions will equally apply to offshore
private equity funds ie a resident person (alone or jointly with his associates) holding a
beneficial interest of 30 or more in a tax-exempt private equity fund will be deemed
to have derived assessable profits in respect of profits earned by the fund from
specified transactions and incidental transactions in Hong Kong
Exempt investments in private companies include investments in shares stocks
debentures loan stocks funds bonds or notes As such this should be broad enough
to cover most types of transactions typically entered into by PE funds
ii Bona fide private equity fund
This definition should capture most genuine PE funds being defined as an offshore PE
fund which at all times after its final closing has more than 4 investors (associates
being aggregated) having collectively committed more than 90 of the fundrsquos capital
In addition the fundsrsquo originator (and their associates) should not be entitled to more
than 30 of the net proceeds arising from fund transactions Funds which satisfy
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
9
these requirements would not need to have transactions carried out through or
arranged by an SFC-licensed person to benefit from the offshore funds exemption
iii Special Purpose Vehicles (ldquoSPVsrdquo)
Officials have agreed that the offshore funds exemption should also apply to profits
derived both by an SPV from an investment in a private company and by an offshore
fund from the disposal of an SPV which holds an investment in a private company
It is proposed that SPV will be defined quite broadly to include corporations
partnerships trustees or any other entity incorporated registered or appointed in or
outside Hong Kong The SPV can be wholly or partially owned by a non-resident be
established only for holding and administering one or more eligible portfolio companies
and would not be able to carry on any other trade or activity
Deeming provisions are also proposed to apply to resident person (alone or jointly with
his associates) holds a beneficial interest of 30 or more in a tax-exempt private equity
fund and the fund has a beneficial interest in an SPV that is exempt
For a number of years the Hong Kong PE fund industry has been at a competitive disadvantage
when compared to other fund centres (in particular Singapore) as there has not been a specific
tax exemption clearly applicable to offshore PE funds with Hong Kong-based deal teams
The key benefit of the expected changes is that it will provide investment professionals based in
Hong Kong with greater flexibility in undertaking their daily tasks without the concern about
creating a tax exposure in Hong Kong for the fund that they represent
We recommend that funds operating in Hong Kong start considering changes in anticipation of
the pending legislation This may include
Changes to existing operating protocols and the time to implement them
Amendments to and simplification of existing fund structures and
Preparing or updating transfer pricing support documentation for fees paid to Hong Kong
investment advisors to reflect activities intended to be performed in Hong Kong going
forward
Other developments
Hong Kong signs Model 2 IGA under FATCA
The US Foreign Account Tax Compliance Act (ldquoFATCArdquo) is a US law designed to combat tax
evasion by US citizens and residents through the use of offshore accounts and investments
Generally FATCA requires the identification and reporting of US taxpayers by Foreign Financial
Institutions (ldquoFFIsrdquo) outside of the US to the US Internal Revenue Service (ldquoIRSrdquo) In certain
instances FATCA withholding at the rate of 30 may also apply to certain types of US sourced
income
Within Asia Pacific only Australia New Zealand Hong Kong and Japan have signed
Intergovernmental Agreements (ldquoIGAsrdquo) with the US Treasury to-date thereby defining their
obligations and exemptions under FATCA andor local law In particular the Hong Kong IGA
covers certain exemptions for financial institutions or products including Mandatory Provident
Fund schemes registered financial institutions with a local client base certain investment
advisers and investment managers established in Hong Kong
While the Hong Kong IGA largely mitigates the need for FATCA withholding it could still apply
where withholdable payments (US source income or proceeds from the sale of property that
generates US source income) are made to overseas Non-Participating FFIs
Under the IGA FFIs in Hong Kong may rely on a set of streamlined due diligence procedures to
screen and identify US indicia in order to locate US accounts and clients for reporting purposes
For example in determining whether a new individual account is a US account based on a
customized self-certification received from the applicant rather than more esoteric procedures
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
10
under FATCA regulations such as the use of US-centric withholding certificates FFIs are
required however to confirm the reasonableness of such certification which can be
accomplished by reference to other documents obtained during the account opening process
FFIs are required to report the relevant account information of US taxpayers directly to the IRS
under the Model 2 IGA adopted by Hong Kong This is supplemented by group requests made
by the IRS to the Hong Kong Inland Revenue Department for exchange of information on
relevant US taxpayers at a government level on a need basis We expect that local authorities
will only be involved by exception
One of the largest misconceptions about FATCA is that FFIs without US customers will not be
impacted While the reporting aspects of FATCA are reduced when there are no US customers
the primary responsibility conferred upon FFIs is to be able to identify US customers through the
new client due diligence process as well as through pre-existing client remediation
Furthermore companies that are not normally considered financial institutions may still be
considered FFIs under the Hong Kong IGA (ie under the headings of custodial institution
depository institution investment entity or specified insurance company) and may have due
diligence and reporting requirements under FATCA
Hong Kong takes a major step towards the automatic exchange of information
In August 2014 the Organisation for Economic Co-operation and Development (ldquoOECDrdquo)
published the first edition of the Standard for Automatic Exchange of Financial Account
Information in Tax (the Common Reporting Standard) which was presented to the G20 Finance
Ministers and Central Bank Governors at their meeting in Cairns Australia on 20-21 September
2014 and is intended to facilitate the automatic exchange of financial information
Hong Kong was quick to respond directly and positively to the Global Forum on Transparency
and Exchange of Information for Tax Purposes (ldquoGlobal Forumrdquo) of which it is a member In an
announcement on 15 September 2015 Secretary for Financial Services and the Treasury
Professor KC Chan committed to implementing the Common Reporting Standard and said
ldquoIt is crucial for Hong Kong to adopt the latest global standard on tax transparency in order to
maintain our international reputation and competitiveness as an international financial and
business centrerdquo
Current legislation in Hong Kong precludes the exchange of information other than on a request
basis In order to adopt and implement the Common Reporting Standard appropriate legislation
will be required The secretary further announced that the HKSAR Government would soon
engage stakeholders address policy and legal issues and ultimately seek the Legislative
Councilrsquos approval for the legislation
This approach is similar to that adopted in introducing the legislation enacted in July 2013 to
enable Hong Kong to enter into standalone tax information exchange agreements (ldquoTIEArdquo) The
consultation process started in mid- to late 2012 and included extensive consultations with
business and industry bodies as well as legal financial and accountancy representative groups
We expect a similar process for the introduction of the Common Reporting Standard although
given the Global Forumrsquos anticipated commencement date of 2018 the necessary agreements
to properly implement the Common Reporting Standard and the required administrative
measures the government may need to work to a strict schedule
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
11
India
AUSTRALIA
CHINA
HONG KONG
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
Gains arising in the hands of a Mauritian company from sale of equity shares and
Compulsory Convertible Debentures (rdquoCCDsrdquo) of an Indian company are not taxable as
interest income in India
Zaheer Mauritius v DIT International Taxation II [WP (C) 16482013 ampCM No 31052013]
(Delhi)
The taxpayer was a company incorporated and tax resident in Mauritius The taxpayer along with
Vatika Limited (ldquoVatikardquo) an Indian company invested in SH Techpark Developers Ltd (ldquoJV
companyrdquo) to undertake development of a real estate project in India
The taxpayer entered into a Securities Subscription Agreement (ldquoSSArdquo) and a Shareholderrsquos
Agreement (ldquoSHArdquo) with Vatika and the JV company The SHA recorded the terms of the
relationship between the taxpayer Vatika and the JV company their rights and obligations
including matters relating to transfer of equity shares and the management and operation of the
JV company
As per the SSA the taxpayer agreed to acquire 35 per cent ownership interest in the JV
company by making a total investment of INR1 billion in five tranches The taxpayer agreed to
subscribe to 46307 equity shares with a par value of INR10 each and 882585590 zero per cent
CCDs with a par value of INR1 each in a planned and phased manner The SHA also provided
for a call option to be given to Vatika by the taxpayer to acquire all the securities during the
option period and likewise a put option was given to the taxpayer by Vatika to sell to Vatika all
the securities during the determined period
Vatika partly exercised the call option and purchased 22924 equity shares and 436924490
CCDs from the taxpayer for a total consideration of INR800 million Subsequently the taxpayer
transferred further equity shares and CCDs to Vatika
The taxpayer filed an application with the Authority for Advance Ruling (ldquoAARrdquo) The AAR
concluded that the entire transaction which is embodied in the SSA SHA and other documents
was a sham and the real transaction was only of the taxpayer granting a loan to Vatika Based on
Article 10 of the SHA the AAR concluded that these agreements indicated that the taxpayer
would receive a fixed rate of return Accordingly the AAR held that the entire gains on the sale
of equity shares and CCDs held by the taxpayer were interest within the meaning of Section
2(28A) of the Act and Article 11 of the India-Mauritius tax treaty and were taxable in India
The taxpayer filed a writ petition before the Delhi High Court The High Court observed that
there was sufficient commercial reason for the taxpayer to have routed its investment from
Mauritius into the real estate project in India through equity shares and CCDs Thus the legal
nature of CCDs could not be ignored and the corporate veil between the Indian investee
company and the Indian JV company could not be lifted
Therefore the High Court held that the gains from sale of equity shares and CCDs are not
taxable as interest under the Act and the India-Mauritius tax treaty
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
12
Share sale transaction between Joint Venture (ldquoJVrdquo) partners resulting in loss is not a
lsquocolourable devicersquo
CIT v Siel Ltd (ITA No 16162010 and ITA No 16192010)
The taxpayer had entered into a JV agreement followed by a first amendatory agreement with
Plansee Tizit Aktiengesellschaft (ldquoPlanseerdquo) an Austrian company The agreement was entered
into for setting-up and forming the company Siel Tizit Ltd to carry on business of manufacture
sale distribution export and other dealings in hard metals
The two JV partners equally acquired the paid-up equity capital of 15 million equity shares of
INR10 per share During the year under consideration the JV declared a rights issue of six
million equity shares The taxpayer renounced its entitlement to subscribe 3 million equity
shares in the rights issue Thereafter Planseersquos shareholding increased to 583 per cent while
the taxpayerrsquos share holding decreased to 417 per cent
Subsequently the taxpayer and Plansee entered into an agreement whereby Seil Tezit Ltd
proposed to offer 10 million fresh equity shares for cash at par on a rights basis but the taxpayer
due to financial difficulties was unable to subscribe for the shares Therefore the taxpayer
decided to renounce the rights in favour of Plansee
Further on taxpayerrsquos request Plansee agreed to buy the taxpayerrsquos 127 million shareholding for
a consideration of USD600000 which on conversion came to INR202 per share with face value
of INR10 each This resulted in book loss of INR1012 million or indexed loss of INR1362 million
on capital account
The Assessing Officer (ldquoAOrdquo) did not accept the said capital loss and challenged the transaction
The Delhi High Court held that the said transaction had commercial or business reasons The
High Court observed that the Ministry of Industry had granted approval for purchasesale of
shares Further the Reserve Bank of India (rdquoRBIrdquo) had given no objection to the transaction
permitting JV partners to acquire shares in the JV from the taxpayer The reliance of the
taxpayer on the valuation report was also accepted by the RBI when they granted express
permission
Taxation rulings and determinations
Central Board of Direct Taxation (ldquoCBDTrsquo) extends the concessional rate (5 per cent) of
withholding tax on the interest payments to a non-resident on borrowing by way of any
long term bonds in foreign currency
Section 194LC of the Income-tax Act 1961 (ldquothe Actrdquo) was introduced by the Finance Act 2012
It provides a lower withholding tax at the rate of 5 per cent on the interest payments by Indian
companies on borrowings made in foreign currency from a source outside India
The benefit is available in respect of borrowings made either under an agreement or by way of
issue of long term infrastructure bonds The section further provides that such borrowing and
the rate of interest should be approved by the Central Government
Subsequently with a view to lower the compliance burden and reduce the time lag which would
have arisen on account of case-by-case approval the Central Government had decided to grant
approval to all borrowings under loan agreements and long term infrastructure bonds provided
they satisfy prescribed conditions
The Finance (No 2) Act 2014 further extended the concessional rate of withholding tax on
borrowing any long term bonds not limited to a long term infrastructure bond if the borrowing is
made on or after 1 October 2014 Further the concluding date of the period of borrowings
eligible for concession under Section 194LC of the Act has been extended to borrowings made
before the 1 July 2017 and approved by the Central Government
In order to mitigate the compliance burden the CBDT has now issued a Circular conveying the
approval of the Central Government on long term bonds including long term infrastructure bonds
which satisfy the prescribed conditions laid down in the circular
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
13
Other developments
Agreement for avoidance of double taxation and prevention of fiscal evasion with Fiji
The Government of India has announced its tax treaty with the Government of Fiji on 12 August
2014 The tax treaty was signed on 30 January 2014 and will be effective from 1 April 2015
The tax treaty expands the scope of a Permanent Establishment (rdquoPErdquo) by including insurance
PE The tax treaty taxes royalties and fees for technical services at 10 per cent dividend at 5 per
cent and interest at 10 per cent The provisions of the tax treaty do not prevent the contracting
states from applying provisions of the domestic law and measures of tax avoidance or tax
evasion by having clauses on limitation of benefit and exchange of information
India signs first bilateral APA with Japan
On 19 December 2014 the CBDT signed a bilateral Advance Pricing Agreement (ldquoAPArdquo) with a
Japanese company This is Indiarsquos first bilateral APA which has been signed for a period of five
years CBDT announced that this bilateral APA was finalised in one and half years
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
14
Indonesia
AUSTRALIA
CHINA
HONG KONG
INDIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Bank Indonesia Regulation Imposes Limitations on Foreign Financing by Indonesian
Companies
On October 28 2014 Bank Indonesia the Indonesian central bank issued BI Regulation No
1620PBI2014 on Prudential Principles in the Management of Offshore Borrowing for Non-Bank
Institutions (ldquoBI Regulation 16rdquo) which imposes significant restrictions on new offshore financing
arrangements entered into by non-banking institutions in Indonesia The new BI Regulation 16
will force Indonesian non-banking corporations to apply prudent fiscal management regarding
foreign debt
The regulation came into effect on 1 January 2015 and requires Indonesian non-banking
borrowers to satisfy certain minimum hedging and liquidity ratios in relation to their external
indebtedness In particular the regulation requires Indonesian companies who borrow from
offshore source to fulfill three prudential criteria
Hedging ratio From 1 January to 31 December 2015 at least 20 percent of the difference
between foreign currency external indebtedness which will be due in the following six
months and foreign currency assets is required to be hedged Commencing from 1 January
2016 the ratio will be increased to 25 percent
Liquidity ratio From 1 January to 31 December 2015 the minimum ratio of foreign currency
assets to external indebtedness which will be due in the following three months is required
to be 50 percent Commencing from 1 January 2016 the ratio will be increased to 70
percent
Credit rating Commencing from 1 January 2016 any non-banking borrowers must have a
minimum BB rating or its equivalent from an authorized ratings agency
Furthermore under the new BI Regulation 16 non-banking institutions in Indonesia will be
required to submit quarterly report to Bank Indonesia detailing their hedging and liquidity ratios
It appears that no criminal or monetary sanctions will be imposed on borrowers or lenders who
contravene the three prudential criteria However Bank Indonesia will begin imposing
administrative sanctions in the form of warning letters to ldquorelated partiesrdquo in the transaction
including the lenders who are providing the non-compliant debt and disclose to other regulators
such as the Capital Markets Supervisory Authority or OJK which could implement wider-ranging
sanctions under the capital markets regulations for non-compliance
The newly published BI Regulation 16 may force Indonesian corporate borrowers to refinance
their external borrowings in order to meet the criteria However there are still uncertainties
surrounding the detail on how these hedging and liquidity ratios will be calculated The new BI
Regulation 16 is also likely to influence policymakers to review any potential debt leveraging
under the current ldquoThin Capitalisationrdquo concept
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
15
Japan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The ruling coalition (the Liberal Democratic Party and New Komeito) agreed on the lsquoOutline of
the 2015 Tax Reform Proposalsrsquo (ldquoProposalrdquo) on 30 December 2014 We have set out below
brief summaries of the main points of the Proposal
The Proposal itself is only an indicative outline and is unclear with respect to some of the
contemplated changes The details of the tax reform will be unveiled in the bills revising the tax
laws and the succeeding amended tax laws cabinet orders and ministerial ordinances Please
note that the final tax reform could differ from the Proposal depending on the outcome of
discussions in the Diet
Corporate tax rates
Reduction in Effective Corporate Tax Rates
Under the Proposal there will be reductions in the national and local tax rates such that the
effective corporate tax rate should reduce as follows for large sized companies
Current tax law Proposal
Fiscal years beginning
between 1 April 2014
and 31 March 2015
Fiscal years beginning
between 1 April 2015
and 31 March 2016
Fiscal years beginning
on or after 1 April 2016
3462 3211 3133
-
Reduced by 251
compared with
the current tax rate
Reduced by 329
compared with
the current tax rate
The above effective tax rates take into account the tax deductibility of special local
corporation tax and business tax payments and are calculated using the standard tax rates
applied to a company whose stated capital is over JPY100 million
The effective corporate tax rate using Tokyo tax rates applied to a company whose stated
capital is over JPY100 million is currently 3564 percent and the future tax rates will be
available after the business tax rates (income component) for Tokyo are determined in the
range between the standard rates and the maximum tax rates
Size-based Business Tax
Size-based business tax to be levied based on corporate business size not on corporate
incomerevenue as consideration for administration services provided by local governments
was introduced in 2004 Under the 2015 tax reform amendments to size-based business
tax (including increases in tax rates) are proposed in order to make up for lost tax revenues
caused by the reduction of the effective corporate tax rates
Corporate taxation
Tax Loss Carry-forwards
The tax loss carry-forward rules will be amended as below
i Deductible amount of tax losses
The deductible amount of tax losses brought forward will be reduced as follows for
large-sized companies (generally capital over JPY100 million)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
16
Current tax law
Proposal
Fiscal years beginning
between
1 April 2015 and 31 March
2017
Fiscal years beginning on
or after
1 April 2017
Up to 80
of taxable income for
the fiscal year
Up to 65
of taxable income for the
fiscal year
Up to 50
of taxable income for the
fiscal year
ii Tax loss carry-forward period
The tax loss carry-forward period will be extended from 9 years to 10 years As a
result the preservation period for accounting documents the statute of limitations for
corrections by the tax authorities with respect to tax losses and requests for correction
by taxpayers with respect to tax losses will also be extended from 9 years to 10 years
These amendments will be applied to tax losses incurred in fiscal years beginning on or
after 1 April 2017
Dividends Received Deduction
The rules concerning the dividends received deduction are proposed to change as follows
i Excludable ratios for dividends derived from shares
Current tax law
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio 25 or more)
(Dividends received - Interest on debts) x 100
Shares other than the above (Dividends received - Interest on debts) x 50
Proposal
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio more than 13)
(Dividends received - Interest on
debts) x 100
Other shares
(ownership ratio more than 5 but 13 or less)
Dividends received x 50
Non-controlling shares
( ownership ratio 5 or less)
Dividends received x 20
1) The special measure for non-life insurance companies with respect to interest on debts
will be abolished
2) A special measure to enable blue-return filing insurance companies to exclude 40
percent of dividends derived from non-controlling shares from their taxable income will
be introduced
ii Excludable ratios of distribution of profits from investment trusts
Current tax law Proposal
Equity
investment
trusts
(Distribution of profits x 12 (or 14) -
Interest on debts) x 50 0
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
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Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
7
China
AUSTRALIA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The Ministry of Finance (ldquoMOFrdquo) China Securities Regulatory Commission (rdquoCSRCrdquo) and the
State Administration of Taxation (rdquoSATrdquo) jointly issued Caishui [2014] No 79 (rdquoCircular 79rdquo)
Notice on the Issues of Temporary Corporate Income Tax Exemption for Capital Gains Derived
from the transfer of PRC Shares and Equity Interests on 14 November 2014
Under Circular 79 Foreign Institutional Investors (ldquoQFIIsrdquo) and RMB Qualified Foreign
Institutional Investors (ldquoRQFIIsrdquo) are temporarily exempt from Corporate Income Tax
(ldquoCITrdquo) in respect of China sourced gains derived from the transfer of shares (and other
equity investments) on or after 17 November 2014
In respect of China sourced gains derived by QFIIs and RQFIIs from the transfer of shares
prior to 17 November 2014 Circular 79 prescribes that such gains would be subject to CIT
(ie 10 withholding tax) in accordance with the CIT Law
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
8
Hong Kong
AUSTRALIA
CHINA
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Private Equity fund tax exemption expected to be legislated in 2015
The Hong Kong Government recently completed industry consultation in relation to the proposed
new private equity (ldquoPErdquo) fund tax exemption which were initially announced by the Financial
Secretary in his 201314 budget speech It is expected that draft legislation will be introduced to
the Legislative Council in coming months
Existing Offshore Funds tax exemption
For PE funds the existing exemption has not been effective because it did not apply to
investments in private companies A further limitation is that investments need to be
arranged by a person licensed with the Securities and Futures Commission (ldquoSFCrdquo) In
practice managers of many PE funds are not required to obtain an SFC license
Expected changes and our comments
i Transactions in private companies
The current exemption will be expanded to cover a broad range of private companies
including those incorporated outside of Hong Kong unless at any time in the three
years prior to the relevant disposal of securities in a private company it either
1) carried on business in Hong Kong through a permanent establishment
2) directly or indirectly held equity interests in one or more private companies
carrying on business in Hong Kong through a permanent establishment or the
aggregate value of those equity interests was more than 10 of its own total
asset value or
3) held real estate in Hong Kong or directly or indirectly held equity interests in one
or more private companiesrsquo with direct or indirect holdings of real estate in Hong
Kong in addition the aggregate value of the Hong Kong real estate held by it plus
the value of the equity interests held in the other private companies exceeded
10 of the value of its own total asset value
To prevent round-tripping the existing deeming provisions will equally apply to offshore
private equity funds ie a resident person (alone or jointly with his associates) holding a
beneficial interest of 30 or more in a tax-exempt private equity fund will be deemed
to have derived assessable profits in respect of profits earned by the fund from
specified transactions and incidental transactions in Hong Kong
Exempt investments in private companies include investments in shares stocks
debentures loan stocks funds bonds or notes As such this should be broad enough
to cover most types of transactions typically entered into by PE funds
ii Bona fide private equity fund
This definition should capture most genuine PE funds being defined as an offshore PE
fund which at all times after its final closing has more than 4 investors (associates
being aggregated) having collectively committed more than 90 of the fundrsquos capital
In addition the fundsrsquo originator (and their associates) should not be entitled to more
than 30 of the net proceeds arising from fund transactions Funds which satisfy
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
9
these requirements would not need to have transactions carried out through or
arranged by an SFC-licensed person to benefit from the offshore funds exemption
iii Special Purpose Vehicles (ldquoSPVsrdquo)
Officials have agreed that the offshore funds exemption should also apply to profits
derived both by an SPV from an investment in a private company and by an offshore
fund from the disposal of an SPV which holds an investment in a private company
It is proposed that SPV will be defined quite broadly to include corporations
partnerships trustees or any other entity incorporated registered or appointed in or
outside Hong Kong The SPV can be wholly or partially owned by a non-resident be
established only for holding and administering one or more eligible portfolio companies
and would not be able to carry on any other trade or activity
Deeming provisions are also proposed to apply to resident person (alone or jointly with
his associates) holds a beneficial interest of 30 or more in a tax-exempt private equity
fund and the fund has a beneficial interest in an SPV that is exempt
For a number of years the Hong Kong PE fund industry has been at a competitive disadvantage
when compared to other fund centres (in particular Singapore) as there has not been a specific
tax exemption clearly applicable to offshore PE funds with Hong Kong-based deal teams
The key benefit of the expected changes is that it will provide investment professionals based in
Hong Kong with greater flexibility in undertaking their daily tasks without the concern about
creating a tax exposure in Hong Kong for the fund that they represent
We recommend that funds operating in Hong Kong start considering changes in anticipation of
the pending legislation This may include
Changes to existing operating protocols and the time to implement them
Amendments to and simplification of existing fund structures and
Preparing or updating transfer pricing support documentation for fees paid to Hong Kong
investment advisors to reflect activities intended to be performed in Hong Kong going
forward
Other developments
Hong Kong signs Model 2 IGA under FATCA
The US Foreign Account Tax Compliance Act (ldquoFATCArdquo) is a US law designed to combat tax
evasion by US citizens and residents through the use of offshore accounts and investments
Generally FATCA requires the identification and reporting of US taxpayers by Foreign Financial
Institutions (ldquoFFIsrdquo) outside of the US to the US Internal Revenue Service (ldquoIRSrdquo) In certain
instances FATCA withholding at the rate of 30 may also apply to certain types of US sourced
income
Within Asia Pacific only Australia New Zealand Hong Kong and Japan have signed
Intergovernmental Agreements (ldquoIGAsrdquo) with the US Treasury to-date thereby defining their
obligations and exemptions under FATCA andor local law In particular the Hong Kong IGA
covers certain exemptions for financial institutions or products including Mandatory Provident
Fund schemes registered financial institutions with a local client base certain investment
advisers and investment managers established in Hong Kong
While the Hong Kong IGA largely mitigates the need for FATCA withholding it could still apply
where withholdable payments (US source income or proceeds from the sale of property that
generates US source income) are made to overseas Non-Participating FFIs
Under the IGA FFIs in Hong Kong may rely on a set of streamlined due diligence procedures to
screen and identify US indicia in order to locate US accounts and clients for reporting purposes
For example in determining whether a new individual account is a US account based on a
customized self-certification received from the applicant rather than more esoteric procedures
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
10
under FATCA regulations such as the use of US-centric withholding certificates FFIs are
required however to confirm the reasonableness of such certification which can be
accomplished by reference to other documents obtained during the account opening process
FFIs are required to report the relevant account information of US taxpayers directly to the IRS
under the Model 2 IGA adopted by Hong Kong This is supplemented by group requests made
by the IRS to the Hong Kong Inland Revenue Department for exchange of information on
relevant US taxpayers at a government level on a need basis We expect that local authorities
will only be involved by exception
One of the largest misconceptions about FATCA is that FFIs without US customers will not be
impacted While the reporting aspects of FATCA are reduced when there are no US customers
the primary responsibility conferred upon FFIs is to be able to identify US customers through the
new client due diligence process as well as through pre-existing client remediation
Furthermore companies that are not normally considered financial institutions may still be
considered FFIs under the Hong Kong IGA (ie under the headings of custodial institution
depository institution investment entity or specified insurance company) and may have due
diligence and reporting requirements under FATCA
Hong Kong takes a major step towards the automatic exchange of information
In August 2014 the Organisation for Economic Co-operation and Development (ldquoOECDrdquo)
published the first edition of the Standard for Automatic Exchange of Financial Account
Information in Tax (the Common Reporting Standard) which was presented to the G20 Finance
Ministers and Central Bank Governors at their meeting in Cairns Australia on 20-21 September
2014 and is intended to facilitate the automatic exchange of financial information
Hong Kong was quick to respond directly and positively to the Global Forum on Transparency
and Exchange of Information for Tax Purposes (ldquoGlobal Forumrdquo) of which it is a member In an
announcement on 15 September 2015 Secretary for Financial Services and the Treasury
Professor KC Chan committed to implementing the Common Reporting Standard and said
ldquoIt is crucial for Hong Kong to adopt the latest global standard on tax transparency in order to
maintain our international reputation and competitiveness as an international financial and
business centrerdquo
Current legislation in Hong Kong precludes the exchange of information other than on a request
basis In order to adopt and implement the Common Reporting Standard appropriate legislation
will be required The secretary further announced that the HKSAR Government would soon
engage stakeholders address policy and legal issues and ultimately seek the Legislative
Councilrsquos approval for the legislation
This approach is similar to that adopted in introducing the legislation enacted in July 2013 to
enable Hong Kong to enter into standalone tax information exchange agreements (ldquoTIEArdquo) The
consultation process started in mid- to late 2012 and included extensive consultations with
business and industry bodies as well as legal financial and accountancy representative groups
We expect a similar process for the introduction of the Common Reporting Standard although
given the Global Forumrsquos anticipated commencement date of 2018 the necessary agreements
to properly implement the Common Reporting Standard and the required administrative
measures the government may need to work to a strict schedule
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
11
India
AUSTRALIA
CHINA
HONG KONG
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
Gains arising in the hands of a Mauritian company from sale of equity shares and
Compulsory Convertible Debentures (rdquoCCDsrdquo) of an Indian company are not taxable as
interest income in India
Zaheer Mauritius v DIT International Taxation II [WP (C) 16482013 ampCM No 31052013]
(Delhi)
The taxpayer was a company incorporated and tax resident in Mauritius The taxpayer along with
Vatika Limited (ldquoVatikardquo) an Indian company invested in SH Techpark Developers Ltd (ldquoJV
companyrdquo) to undertake development of a real estate project in India
The taxpayer entered into a Securities Subscription Agreement (ldquoSSArdquo) and a Shareholderrsquos
Agreement (ldquoSHArdquo) with Vatika and the JV company The SHA recorded the terms of the
relationship between the taxpayer Vatika and the JV company their rights and obligations
including matters relating to transfer of equity shares and the management and operation of the
JV company
As per the SSA the taxpayer agreed to acquire 35 per cent ownership interest in the JV
company by making a total investment of INR1 billion in five tranches The taxpayer agreed to
subscribe to 46307 equity shares with a par value of INR10 each and 882585590 zero per cent
CCDs with a par value of INR1 each in a planned and phased manner The SHA also provided
for a call option to be given to Vatika by the taxpayer to acquire all the securities during the
option period and likewise a put option was given to the taxpayer by Vatika to sell to Vatika all
the securities during the determined period
Vatika partly exercised the call option and purchased 22924 equity shares and 436924490
CCDs from the taxpayer for a total consideration of INR800 million Subsequently the taxpayer
transferred further equity shares and CCDs to Vatika
The taxpayer filed an application with the Authority for Advance Ruling (ldquoAARrdquo) The AAR
concluded that the entire transaction which is embodied in the SSA SHA and other documents
was a sham and the real transaction was only of the taxpayer granting a loan to Vatika Based on
Article 10 of the SHA the AAR concluded that these agreements indicated that the taxpayer
would receive a fixed rate of return Accordingly the AAR held that the entire gains on the sale
of equity shares and CCDs held by the taxpayer were interest within the meaning of Section
2(28A) of the Act and Article 11 of the India-Mauritius tax treaty and were taxable in India
The taxpayer filed a writ petition before the Delhi High Court The High Court observed that
there was sufficient commercial reason for the taxpayer to have routed its investment from
Mauritius into the real estate project in India through equity shares and CCDs Thus the legal
nature of CCDs could not be ignored and the corporate veil between the Indian investee
company and the Indian JV company could not be lifted
Therefore the High Court held that the gains from sale of equity shares and CCDs are not
taxable as interest under the Act and the India-Mauritius tax treaty
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
12
Share sale transaction between Joint Venture (ldquoJVrdquo) partners resulting in loss is not a
lsquocolourable devicersquo
CIT v Siel Ltd (ITA No 16162010 and ITA No 16192010)
The taxpayer had entered into a JV agreement followed by a first amendatory agreement with
Plansee Tizit Aktiengesellschaft (ldquoPlanseerdquo) an Austrian company The agreement was entered
into for setting-up and forming the company Siel Tizit Ltd to carry on business of manufacture
sale distribution export and other dealings in hard metals
The two JV partners equally acquired the paid-up equity capital of 15 million equity shares of
INR10 per share During the year under consideration the JV declared a rights issue of six
million equity shares The taxpayer renounced its entitlement to subscribe 3 million equity
shares in the rights issue Thereafter Planseersquos shareholding increased to 583 per cent while
the taxpayerrsquos share holding decreased to 417 per cent
Subsequently the taxpayer and Plansee entered into an agreement whereby Seil Tezit Ltd
proposed to offer 10 million fresh equity shares for cash at par on a rights basis but the taxpayer
due to financial difficulties was unable to subscribe for the shares Therefore the taxpayer
decided to renounce the rights in favour of Plansee
Further on taxpayerrsquos request Plansee agreed to buy the taxpayerrsquos 127 million shareholding for
a consideration of USD600000 which on conversion came to INR202 per share with face value
of INR10 each This resulted in book loss of INR1012 million or indexed loss of INR1362 million
on capital account
The Assessing Officer (ldquoAOrdquo) did not accept the said capital loss and challenged the transaction
The Delhi High Court held that the said transaction had commercial or business reasons The
High Court observed that the Ministry of Industry had granted approval for purchasesale of
shares Further the Reserve Bank of India (rdquoRBIrdquo) had given no objection to the transaction
permitting JV partners to acquire shares in the JV from the taxpayer The reliance of the
taxpayer on the valuation report was also accepted by the RBI when they granted express
permission
Taxation rulings and determinations
Central Board of Direct Taxation (ldquoCBDTrsquo) extends the concessional rate (5 per cent) of
withholding tax on the interest payments to a non-resident on borrowing by way of any
long term bonds in foreign currency
Section 194LC of the Income-tax Act 1961 (ldquothe Actrdquo) was introduced by the Finance Act 2012
It provides a lower withholding tax at the rate of 5 per cent on the interest payments by Indian
companies on borrowings made in foreign currency from a source outside India
The benefit is available in respect of borrowings made either under an agreement or by way of
issue of long term infrastructure bonds The section further provides that such borrowing and
the rate of interest should be approved by the Central Government
Subsequently with a view to lower the compliance burden and reduce the time lag which would
have arisen on account of case-by-case approval the Central Government had decided to grant
approval to all borrowings under loan agreements and long term infrastructure bonds provided
they satisfy prescribed conditions
The Finance (No 2) Act 2014 further extended the concessional rate of withholding tax on
borrowing any long term bonds not limited to a long term infrastructure bond if the borrowing is
made on or after 1 October 2014 Further the concluding date of the period of borrowings
eligible for concession under Section 194LC of the Act has been extended to borrowings made
before the 1 July 2017 and approved by the Central Government
In order to mitigate the compliance burden the CBDT has now issued a Circular conveying the
approval of the Central Government on long term bonds including long term infrastructure bonds
which satisfy the prescribed conditions laid down in the circular
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
13
Other developments
Agreement for avoidance of double taxation and prevention of fiscal evasion with Fiji
The Government of India has announced its tax treaty with the Government of Fiji on 12 August
2014 The tax treaty was signed on 30 January 2014 and will be effective from 1 April 2015
The tax treaty expands the scope of a Permanent Establishment (rdquoPErdquo) by including insurance
PE The tax treaty taxes royalties and fees for technical services at 10 per cent dividend at 5 per
cent and interest at 10 per cent The provisions of the tax treaty do not prevent the contracting
states from applying provisions of the domestic law and measures of tax avoidance or tax
evasion by having clauses on limitation of benefit and exchange of information
India signs first bilateral APA with Japan
On 19 December 2014 the CBDT signed a bilateral Advance Pricing Agreement (ldquoAPArdquo) with a
Japanese company This is Indiarsquos first bilateral APA which has been signed for a period of five
years CBDT announced that this bilateral APA was finalised in one and half years
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
14
Indonesia
AUSTRALIA
CHINA
HONG KONG
INDIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Bank Indonesia Regulation Imposes Limitations on Foreign Financing by Indonesian
Companies
On October 28 2014 Bank Indonesia the Indonesian central bank issued BI Regulation No
1620PBI2014 on Prudential Principles in the Management of Offshore Borrowing for Non-Bank
Institutions (ldquoBI Regulation 16rdquo) which imposes significant restrictions on new offshore financing
arrangements entered into by non-banking institutions in Indonesia The new BI Regulation 16
will force Indonesian non-banking corporations to apply prudent fiscal management regarding
foreign debt
The regulation came into effect on 1 January 2015 and requires Indonesian non-banking
borrowers to satisfy certain minimum hedging and liquidity ratios in relation to their external
indebtedness In particular the regulation requires Indonesian companies who borrow from
offshore source to fulfill three prudential criteria
Hedging ratio From 1 January to 31 December 2015 at least 20 percent of the difference
between foreign currency external indebtedness which will be due in the following six
months and foreign currency assets is required to be hedged Commencing from 1 January
2016 the ratio will be increased to 25 percent
Liquidity ratio From 1 January to 31 December 2015 the minimum ratio of foreign currency
assets to external indebtedness which will be due in the following three months is required
to be 50 percent Commencing from 1 January 2016 the ratio will be increased to 70
percent
Credit rating Commencing from 1 January 2016 any non-banking borrowers must have a
minimum BB rating or its equivalent from an authorized ratings agency
Furthermore under the new BI Regulation 16 non-banking institutions in Indonesia will be
required to submit quarterly report to Bank Indonesia detailing their hedging and liquidity ratios
It appears that no criminal or monetary sanctions will be imposed on borrowers or lenders who
contravene the three prudential criteria However Bank Indonesia will begin imposing
administrative sanctions in the form of warning letters to ldquorelated partiesrdquo in the transaction
including the lenders who are providing the non-compliant debt and disclose to other regulators
such as the Capital Markets Supervisory Authority or OJK which could implement wider-ranging
sanctions under the capital markets regulations for non-compliance
The newly published BI Regulation 16 may force Indonesian corporate borrowers to refinance
their external borrowings in order to meet the criteria However there are still uncertainties
surrounding the detail on how these hedging and liquidity ratios will be calculated The new BI
Regulation 16 is also likely to influence policymakers to review any potential debt leveraging
under the current ldquoThin Capitalisationrdquo concept
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
15
Japan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The ruling coalition (the Liberal Democratic Party and New Komeito) agreed on the lsquoOutline of
the 2015 Tax Reform Proposalsrsquo (ldquoProposalrdquo) on 30 December 2014 We have set out below
brief summaries of the main points of the Proposal
The Proposal itself is only an indicative outline and is unclear with respect to some of the
contemplated changes The details of the tax reform will be unveiled in the bills revising the tax
laws and the succeeding amended tax laws cabinet orders and ministerial ordinances Please
note that the final tax reform could differ from the Proposal depending on the outcome of
discussions in the Diet
Corporate tax rates
Reduction in Effective Corporate Tax Rates
Under the Proposal there will be reductions in the national and local tax rates such that the
effective corporate tax rate should reduce as follows for large sized companies
Current tax law Proposal
Fiscal years beginning
between 1 April 2014
and 31 March 2015
Fiscal years beginning
between 1 April 2015
and 31 March 2016
Fiscal years beginning
on or after 1 April 2016
3462 3211 3133
-
Reduced by 251
compared with
the current tax rate
Reduced by 329
compared with
the current tax rate
The above effective tax rates take into account the tax deductibility of special local
corporation tax and business tax payments and are calculated using the standard tax rates
applied to a company whose stated capital is over JPY100 million
The effective corporate tax rate using Tokyo tax rates applied to a company whose stated
capital is over JPY100 million is currently 3564 percent and the future tax rates will be
available after the business tax rates (income component) for Tokyo are determined in the
range between the standard rates and the maximum tax rates
Size-based Business Tax
Size-based business tax to be levied based on corporate business size not on corporate
incomerevenue as consideration for administration services provided by local governments
was introduced in 2004 Under the 2015 tax reform amendments to size-based business
tax (including increases in tax rates) are proposed in order to make up for lost tax revenues
caused by the reduction of the effective corporate tax rates
Corporate taxation
Tax Loss Carry-forwards
The tax loss carry-forward rules will be amended as below
i Deductible amount of tax losses
The deductible amount of tax losses brought forward will be reduced as follows for
large-sized companies (generally capital over JPY100 million)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
16
Current tax law
Proposal
Fiscal years beginning
between
1 April 2015 and 31 March
2017
Fiscal years beginning on
or after
1 April 2017
Up to 80
of taxable income for
the fiscal year
Up to 65
of taxable income for the
fiscal year
Up to 50
of taxable income for the
fiscal year
ii Tax loss carry-forward period
The tax loss carry-forward period will be extended from 9 years to 10 years As a
result the preservation period for accounting documents the statute of limitations for
corrections by the tax authorities with respect to tax losses and requests for correction
by taxpayers with respect to tax losses will also be extended from 9 years to 10 years
These amendments will be applied to tax losses incurred in fiscal years beginning on or
after 1 April 2017
Dividends Received Deduction
The rules concerning the dividends received deduction are proposed to change as follows
i Excludable ratios for dividends derived from shares
Current tax law
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio 25 or more)
(Dividends received - Interest on debts) x 100
Shares other than the above (Dividends received - Interest on debts) x 50
Proposal
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio more than 13)
(Dividends received - Interest on
debts) x 100
Other shares
(ownership ratio more than 5 but 13 or less)
Dividends received x 50
Non-controlling shares
( ownership ratio 5 or less)
Dividends received x 20
1) The special measure for non-life insurance companies with respect to interest on debts
will be abolished
2) A special measure to enable blue-return filing insurance companies to exclude 40
percent of dividends derived from non-controlling shares from their taxable income will
be introduced
ii Excludable ratios of distribution of profits from investment trusts
Current tax law Proposal
Equity
investment
trusts
(Distribution of profits x 12 (or 14) -
Interest on debts) x 50 0
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
8
Hong Kong
AUSTRALIA
CHINA
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Private Equity fund tax exemption expected to be legislated in 2015
The Hong Kong Government recently completed industry consultation in relation to the proposed
new private equity (ldquoPErdquo) fund tax exemption which were initially announced by the Financial
Secretary in his 201314 budget speech It is expected that draft legislation will be introduced to
the Legislative Council in coming months
Existing Offshore Funds tax exemption
For PE funds the existing exemption has not been effective because it did not apply to
investments in private companies A further limitation is that investments need to be
arranged by a person licensed with the Securities and Futures Commission (ldquoSFCrdquo) In
practice managers of many PE funds are not required to obtain an SFC license
Expected changes and our comments
i Transactions in private companies
The current exemption will be expanded to cover a broad range of private companies
including those incorporated outside of Hong Kong unless at any time in the three
years prior to the relevant disposal of securities in a private company it either
1) carried on business in Hong Kong through a permanent establishment
2) directly or indirectly held equity interests in one or more private companies
carrying on business in Hong Kong through a permanent establishment or the
aggregate value of those equity interests was more than 10 of its own total
asset value or
3) held real estate in Hong Kong or directly or indirectly held equity interests in one
or more private companiesrsquo with direct or indirect holdings of real estate in Hong
Kong in addition the aggregate value of the Hong Kong real estate held by it plus
the value of the equity interests held in the other private companies exceeded
10 of the value of its own total asset value
To prevent round-tripping the existing deeming provisions will equally apply to offshore
private equity funds ie a resident person (alone or jointly with his associates) holding a
beneficial interest of 30 or more in a tax-exempt private equity fund will be deemed
to have derived assessable profits in respect of profits earned by the fund from
specified transactions and incidental transactions in Hong Kong
Exempt investments in private companies include investments in shares stocks
debentures loan stocks funds bonds or notes As such this should be broad enough
to cover most types of transactions typically entered into by PE funds
ii Bona fide private equity fund
This definition should capture most genuine PE funds being defined as an offshore PE
fund which at all times after its final closing has more than 4 investors (associates
being aggregated) having collectively committed more than 90 of the fundrsquos capital
In addition the fundsrsquo originator (and their associates) should not be entitled to more
than 30 of the net proceeds arising from fund transactions Funds which satisfy
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
9
these requirements would not need to have transactions carried out through or
arranged by an SFC-licensed person to benefit from the offshore funds exemption
iii Special Purpose Vehicles (ldquoSPVsrdquo)
Officials have agreed that the offshore funds exemption should also apply to profits
derived both by an SPV from an investment in a private company and by an offshore
fund from the disposal of an SPV which holds an investment in a private company
It is proposed that SPV will be defined quite broadly to include corporations
partnerships trustees or any other entity incorporated registered or appointed in or
outside Hong Kong The SPV can be wholly or partially owned by a non-resident be
established only for holding and administering one or more eligible portfolio companies
and would not be able to carry on any other trade or activity
Deeming provisions are also proposed to apply to resident person (alone or jointly with
his associates) holds a beneficial interest of 30 or more in a tax-exempt private equity
fund and the fund has a beneficial interest in an SPV that is exempt
For a number of years the Hong Kong PE fund industry has been at a competitive disadvantage
when compared to other fund centres (in particular Singapore) as there has not been a specific
tax exemption clearly applicable to offshore PE funds with Hong Kong-based deal teams
The key benefit of the expected changes is that it will provide investment professionals based in
Hong Kong with greater flexibility in undertaking their daily tasks without the concern about
creating a tax exposure in Hong Kong for the fund that they represent
We recommend that funds operating in Hong Kong start considering changes in anticipation of
the pending legislation This may include
Changes to existing operating protocols and the time to implement them
Amendments to and simplification of existing fund structures and
Preparing or updating transfer pricing support documentation for fees paid to Hong Kong
investment advisors to reflect activities intended to be performed in Hong Kong going
forward
Other developments
Hong Kong signs Model 2 IGA under FATCA
The US Foreign Account Tax Compliance Act (ldquoFATCArdquo) is a US law designed to combat tax
evasion by US citizens and residents through the use of offshore accounts and investments
Generally FATCA requires the identification and reporting of US taxpayers by Foreign Financial
Institutions (ldquoFFIsrdquo) outside of the US to the US Internal Revenue Service (ldquoIRSrdquo) In certain
instances FATCA withholding at the rate of 30 may also apply to certain types of US sourced
income
Within Asia Pacific only Australia New Zealand Hong Kong and Japan have signed
Intergovernmental Agreements (ldquoIGAsrdquo) with the US Treasury to-date thereby defining their
obligations and exemptions under FATCA andor local law In particular the Hong Kong IGA
covers certain exemptions for financial institutions or products including Mandatory Provident
Fund schemes registered financial institutions with a local client base certain investment
advisers and investment managers established in Hong Kong
While the Hong Kong IGA largely mitigates the need for FATCA withholding it could still apply
where withholdable payments (US source income or proceeds from the sale of property that
generates US source income) are made to overseas Non-Participating FFIs
Under the IGA FFIs in Hong Kong may rely on a set of streamlined due diligence procedures to
screen and identify US indicia in order to locate US accounts and clients for reporting purposes
For example in determining whether a new individual account is a US account based on a
customized self-certification received from the applicant rather than more esoteric procedures
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
10
under FATCA regulations such as the use of US-centric withholding certificates FFIs are
required however to confirm the reasonableness of such certification which can be
accomplished by reference to other documents obtained during the account opening process
FFIs are required to report the relevant account information of US taxpayers directly to the IRS
under the Model 2 IGA adopted by Hong Kong This is supplemented by group requests made
by the IRS to the Hong Kong Inland Revenue Department for exchange of information on
relevant US taxpayers at a government level on a need basis We expect that local authorities
will only be involved by exception
One of the largest misconceptions about FATCA is that FFIs without US customers will not be
impacted While the reporting aspects of FATCA are reduced when there are no US customers
the primary responsibility conferred upon FFIs is to be able to identify US customers through the
new client due diligence process as well as through pre-existing client remediation
Furthermore companies that are not normally considered financial institutions may still be
considered FFIs under the Hong Kong IGA (ie under the headings of custodial institution
depository institution investment entity or specified insurance company) and may have due
diligence and reporting requirements under FATCA
Hong Kong takes a major step towards the automatic exchange of information
In August 2014 the Organisation for Economic Co-operation and Development (ldquoOECDrdquo)
published the first edition of the Standard for Automatic Exchange of Financial Account
Information in Tax (the Common Reporting Standard) which was presented to the G20 Finance
Ministers and Central Bank Governors at their meeting in Cairns Australia on 20-21 September
2014 and is intended to facilitate the automatic exchange of financial information
Hong Kong was quick to respond directly and positively to the Global Forum on Transparency
and Exchange of Information for Tax Purposes (ldquoGlobal Forumrdquo) of which it is a member In an
announcement on 15 September 2015 Secretary for Financial Services and the Treasury
Professor KC Chan committed to implementing the Common Reporting Standard and said
ldquoIt is crucial for Hong Kong to adopt the latest global standard on tax transparency in order to
maintain our international reputation and competitiveness as an international financial and
business centrerdquo
Current legislation in Hong Kong precludes the exchange of information other than on a request
basis In order to adopt and implement the Common Reporting Standard appropriate legislation
will be required The secretary further announced that the HKSAR Government would soon
engage stakeholders address policy and legal issues and ultimately seek the Legislative
Councilrsquos approval for the legislation
This approach is similar to that adopted in introducing the legislation enacted in July 2013 to
enable Hong Kong to enter into standalone tax information exchange agreements (ldquoTIEArdquo) The
consultation process started in mid- to late 2012 and included extensive consultations with
business and industry bodies as well as legal financial and accountancy representative groups
We expect a similar process for the introduction of the Common Reporting Standard although
given the Global Forumrsquos anticipated commencement date of 2018 the necessary agreements
to properly implement the Common Reporting Standard and the required administrative
measures the government may need to work to a strict schedule
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
11
India
AUSTRALIA
CHINA
HONG KONG
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
Gains arising in the hands of a Mauritian company from sale of equity shares and
Compulsory Convertible Debentures (rdquoCCDsrdquo) of an Indian company are not taxable as
interest income in India
Zaheer Mauritius v DIT International Taxation II [WP (C) 16482013 ampCM No 31052013]
(Delhi)
The taxpayer was a company incorporated and tax resident in Mauritius The taxpayer along with
Vatika Limited (ldquoVatikardquo) an Indian company invested in SH Techpark Developers Ltd (ldquoJV
companyrdquo) to undertake development of a real estate project in India
The taxpayer entered into a Securities Subscription Agreement (ldquoSSArdquo) and a Shareholderrsquos
Agreement (ldquoSHArdquo) with Vatika and the JV company The SHA recorded the terms of the
relationship between the taxpayer Vatika and the JV company their rights and obligations
including matters relating to transfer of equity shares and the management and operation of the
JV company
As per the SSA the taxpayer agreed to acquire 35 per cent ownership interest in the JV
company by making a total investment of INR1 billion in five tranches The taxpayer agreed to
subscribe to 46307 equity shares with a par value of INR10 each and 882585590 zero per cent
CCDs with a par value of INR1 each in a planned and phased manner The SHA also provided
for a call option to be given to Vatika by the taxpayer to acquire all the securities during the
option period and likewise a put option was given to the taxpayer by Vatika to sell to Vatika all
the securities during the determined period
Vatika partly exercised the call option and purchased 22924 equity shares and 436924490
CCDs from the taxpayer for a total consideration of INR800 million Subsequently the taxpayer
transferred further equity shares and CCDs to Vatika
The taxpayer filed an application with the Authority for Advance Ruling (ldquoAARrdquo) The AAR
concluded that the entire transaction which is embodied in the SSA SHA and other documents
was a sham and the real transaction was only of the taxpayer granting a loan to Vatika Based on
Article 10 of the SHA the AAR concluded that these agreements indicated that the taxpayer
would receive a fixed rate of return Accordingly the AAR held that the entire gains on the sale
of equity shares and CCDs held by the taxpayer were interest within the meaning of Section
2(28A) of the Act and Article 11 of the India-Mauritius tax treaty and were taxable in India
The taxpayer filed a writ petition before the Delhi High Court The High Court observed that
there was sufficient commercial reason for the taxpayer to have routed its investment from
Mauritius into the real estate project in India through equity shares and CCDs Thus the legal
nature of CCDs could not be ignored and the corporate veil between the Indian investee
company and the Indian JV company could not be lifted
Therefore the High Court held that the gains from sale of equity shares and CCDs are not
taxable as interest under the Act and the India-Mauritius tax treaty
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
12
Share sale transaction between Joint Venture (ldquoJVrdquo) partners resulting in loss is not a
lsquocolourable devicersquo
CIT v Siel Ltd (ITA No 16162010 and ITA No 16192010)
The taxpayer had entered into a JV agreement followed by a first amendatory agreement with
Plansee Tizit Aktiengesellschaft (ldquoPlanseerdquo) an Austrian company The agreement was entered
into for setting-up and forming the company Siel Tizit Ltd to carry on business of manufacture
sale distribution export and other dealings in hard metals
The two JV partners equally acquired the paid-up equity capital of 15 million equity shares of
INR10 per share During the year under consideration the JV declared a rights issue of six
million equity shares The taxpayer renounced its entitlement to subscribe 3 million equity
shares in the rights issue Thereafter Planseersquos shareholding increased to 583 per cent while
the taxpayerrsquos share holding decreased to 417 per cent
Subsequently the taxpayer and Plansee entered into an agreement whereby Seil Tezit Ltd
proposed to offer 10 million fresh equity shares for cash at par on a rights basis but the taxpayer
due to financial difficulties was unable to subscribe for the shares Therefore the taxpayer
decided to renounce the rights in favour of Plansee
Further on taxpayerrsquos request Plansee agreed to buy the taxpayerrsquos 127 million shareholding for
a consideration of USD600000 which on conversion came to INR202 per share with face value
of INR10 each This resulted in book loss of INR1012 million or indexed loss of INR1362 million
on capital account
The Assessing Officer (ldquoAOrdquo) did not accept the said capital loss and challenged the transaction
The Delhi High Court held that the said transaction had commercial or business reasons The
High Court observed that the Ministry of Industry had granted approval for purchasesale of
shares Further the Reserve Bank of India (rdquoRBIrdquo) had given no objection to the transaction
permitting JV partners to acquire shares in the JV from the taxpayer The reliance of the
taxpayer on the valuation report was also accepted by the RBI when they granted express
permission
Taxation rulings and determinations
Central Board of Direct Taxation (ldquoCBDTrsquo) extends the concessional rate (5 per cent) of
withholding tax on the interest payments to a non-resident on borrowing by way of any
long term bonds in foreign currency
Section 194LC of the Income-tax Act 1961 (ldquothe Actrdquo) was introduced by the Finance Act 2012
It provides a lower withholding tax at the rate of 5 per cent on the interest payments by Indian
companies on borrowings made in foreign currency from a source outside India
The benefit is available in respect of borrowings made either under an agreement or by way of
issue of long term infrastructure bonds The section further provides that such borrowing and
the rate of interest should be approved by the Central Government
Subsequently with a view to lower the compliance burden and reduce the time lag which would
have arisen on account of case-by-case approval the Central Government had decided to grant
approval to all borrowings under loan agreements and long term infrastructure bonds provided
they satisfy prescribed conditions
The Finance (No 2) Act 2014 further extended the concessional rate of withholding tax on
borrowing any long term bonds not limited to a long term infrastructure bond if the borrowing is
made on or after 1 October 2014 Further the concluding date of the period of borrowings
eligible for concession under Section 194LC of the Act has been extended to borrowings made
before the 1 July 2017 and approved by the Central Government
In order to mitigate the compliance burden the CBDT has now issued a Circular conveying the
approval of the Central Government on long term bonds including long term infrastructure bonds
which satisfy the prescribed conditions laid down in the circular
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
13
Other developments
Agreement for avoidance of double taxation and prevention of fiscal evasion with Fiji
The Government of India has announced its tax treaty with the Government of Fiji on 12 August
2014 The tax treaty was signed on 30 January 2014 and will be effective from 1 April 2015
The tax treaty expands the scope of a Permanent Establishment (rdquoPErdquo) by including insurance
PE The tax treaty taxes royalties and fees for technical services at 10 per cent dividend at 5 per
cent and interest at 10 per cent The provisions of the tax treaty do not prevent the contracting
states from applying provisions of the domestic law and measures of tax avoidance or tax
evasion by having clauses on limitation of benefit and exchange of information
India signs first bilateral APA with Japan
On 19 December 2014 the CBDT signed a bilateral Advance Pricing Agreement (ldquoAPArdquo) with a
Japanese company This is Indiarsquos first bilateral APA which has been signed for a period of five
years CBDT announced that this bilateral APA was finalised in one and half years
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
14
Indonesia
AUSTRALIA
CHINA
HONG KONG
INDIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Bank Indonesia Regulation Imposes Limitations on Foreign Financing by Indonesian
Companies
On October 28 2014 Bank Indonesia the Indonesian central bank issued BI Regulation No
1620PBI2014 on Prudential Principles in the Management of Offshore Borrowing for Non-Bank
Institutions (ldquoBI Regulation 16rdquo) which imposes significant restrictions on new offshore financing
arrangements entered into by non-banking institutions in Indonesia The new BI Regulation 16
will force Indonesian non-banking corporations to apply prudent fiscal management regarding
foreign debt
The regulation came into effect on 1 January 2015 and requires Indonesian non-banking
borrowers to satisfy certain minimum hedging and liquidity ratios in relation to their external
indebtedness In particular the regulation requires Indonesian companies who borrow from
offshore source to fulfill three prudential criteria
Hedging ratio From 1 January to 31 December 2015 at least 20 percent of the difference
between foreign currency external indebtedness which will be due in the following six
months and foreign currency assets is required to be hedged Commencing from 1 January
2016 the ratio will be increased to 25 percent
Liquidity ratio From 1 January to 31 December 2015 the minimum ratio of foreign currency
assets to external indebtedness which will be due in the following three months is required
to be 50 percent Commencing from 1 January 2016 the ratio will be increased to 70
percent
Credit rating Commencing from 1 January 2016 any non-banking borrowers must have a
minimum BB rating or its equivalent from an authorized ratings agency
Furthermore under the new BI Regulation 16 non-banking institutions in Indonesia will be
required to submit quarterly report to Bank Indonesia detailing their hedging and liquidity ratios
It appears that no criminal or monetary sanctions will be imposed on borrowers or lenders who
contravene the three prudential criteria However Bank Indonesia will begin imposing
administrative sanctions in the form of warning letters to ldquorelated partiesrdquo in the transaction
including the lenders who are providing the non-compliant debt and disclose to other regulators
such as the Capital Markets Supervisory Authority or OJK which could implement wider-ranging
sanctions under the capital markets regulations for non-compliance
The newly published BI Regulation 16 may force Indonesian corporate borrowers to refinance
their external borrowings in order to meet the criteria However there are still uncertainties
surrounding the detail on how these hedging and liquidity ratios will be calculated The new BI
Regulation 16 is also likely to influence policymakers to review any potential debt leveraging
under the current ldquoThin Capitalisationrdquo concept
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
15
Japan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The ruling coalition (the Liberal Democratic Party and New Komeito) agreed on the lsquoOutline of
the 2015 Tax Reform Proposalsrsquo (ldquoProposalrdquo) on 30 December 2014 We have set out below
brief summaries of the main points of the Proposal
The Proposal itself is only an indicative outline and is unclear with respect to some of the
contemplated changes The details of the tax reform will be unveiled in the bills revising the tax
laws and the succeeding amended tax laws cabinet orders and ministerial ordinances Please
note that the final tax reform could differ from the Proposal depending on the outcome of
discussions in the Diet
Corporate tax rates
Reduction in Effective Corporate Tax Rates
Under the Proposal there will be reductions in the national and local tax rates such that the
effective corporate tax rate should reduce as follows for large sized companies
Current tax law Proposal
Fiscal years beginning
between 1 April 2014
and 31 March 2015
Fiscal years beginning
between 1 April 2015
and 31 March 2016
Fiscal years beginning
on or after 1 April 2016
3462 3211 3133
-
Reduced by 251
compared with
the current tax rate
Reduced by 329
compared with
the current tax rate
The above effective tax rates take into account the tax deductibility of special local
corporation tax and business tax payments and are calculated using the standard tax rates
applied to a company whose stated capital is over JPY100 million
The effective corporate tax rate using Tokyo tax rates applied to a company whose stated
capital is over JPY100 million is currently 3564 percent and the future tax rates will be
available after the business tax rates (income component) for Tokyo are determined in the
range between the standard rates and the maximum tax rates
Size-based Business Tax
Size-based business tax to be levied based on corporate business size not on corporate
incomerevenue as consideration for administration services provided by local governments
was introduced in 2004 Under the 2015 tax reform amendments to size-based business
tax (including increases in tax rates) are proposed in order to make up for lost tax revenues
caused by the reduction of the effective corporate tax rates
Corporate taxation
Tax Loss Carry-forwards
The tax loss carry-forward rules will be amended as below
i Deductible amount of tax losses
The deductible amount of tax losses brought forward will be reduced as follows for
large-sized companies (generally capital over JPY100 million)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
16
Current tax law
Proposal
Fiscal years beginning
between
1 April 2015 and 31 March
2017
Fiscal years beginning on
or after
1 April 2017
Up to 80
of taxable income for
the fiscal year
Up to 65
of taxable income for the
fiscal year
Up to 50
of taxable income for the
fiscal year
ii Tax loss carry-forward period
The tax loss carry-forward period will be extended from 9 years to 10 years As a
result the preservation period for accounting documents the statute of limitations for
corrections by the tax authorities with respect to tax losses and requests for correction
by taxpayers with respect to tax losses will also be extended from 9 years to 10 years
These amendments will be applied to tax losses incurred in fiscal years beginning on or
after 1 April 2017
Dividends Received Deduction
The rules concerning the dividends received deduction are proposed to change as follows
i Excludable ratios for dividends derived from shares
Current tax law
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio 25 or more)
(Dividends received - Interest on debts) x 100
Shares other than the above (Dividends received - Interest on debts) x 50
Proposal
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio more than 13)
(Dividends received - Interest on
debts) x 100
Other shares
(ownership ratio more than 5 but 13 or less)
Dividends received x 50
Non-controlling shares
( ownership ratio 5 or less)
Dividends received x 20
1) The special measure for non-life insurance companies with respect to interest on debts
will be abolished
2) A special measure to enable blue-return filing insurance companies to exclude 40
percent of dividends derived from non-controlling shares from their taxable income will
be introduced
ii Excludable ratios of distribution of profits from investment trusts
Current tax law Proposal
Equity
investment
trusts
(Distribution of profits x 12 (or 14) -
Interest on debts) x 50 0
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
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New Zealand
Paul Dunne
+64 9367 5991
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Philippines
Herminigildo Murakami
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Premila Perera
+94 11 2343 106
premilapererakpmgcom
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Stephen Hsu
+886 2 8101 6666 ext 01815
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+66 2 677 2426
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+84 8 3821 9266
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The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
9
these requirements would not need to have transactions carried out through or
arranged by an SFC-licensed person to benefit from the offshore funds exemption
iii Special Purpose Vehicles (ldquoSPVsrdquo)
Officials have agreed that the offshore funds exemption should also apply to profits
derived both by an SPV from an investment in a private company and by an offshore
fund from the disposal of an SPV which holds an investment in a private company
It is proposed that SPV will be defined quite broadly to include corporations
partnerships trustees or any other entity incorporated registered or appointed in or
outside Hong Kong The SPV can be wholly or partially owned by a non-resident be
established only for holding and administering one or more eligible portfolio companies
and would not be able to carry on any other trade or activity
Deeming provisions are also proposed to apply to resident person (alone or jointly with
his associates) holds a beneficial interest of 30 or more in a tax-exempt private equity
fund and the fund has a beneficial interest in an SPV that is exempt
For a number of years the Hong Kong PE fund industry has been at a competitive disadvantage
when compared to other fund centres (in particular Singapore) as there has not been a specific
tax exemption clearly applicable to offshore PE funds with Hong Kong-based deal teams
The key benefit of the expected changes is that it will provide investment professionals based in
Hong Kong with greater flexibility in undertaking their daily tasks without the concern about
creating a tax exposure in Hong Kong for the fund that they represent
We recommend that funds operating in Hong Kong start considering changes in anticipation of
the pending legislation This may include
Changes to existing operating protocols and the time to implement them
Amendments to and simplification of existing fund structures and
Preparing or updating transfer pricing support documentation for fees paid to Hong Kong
investment advisors to reflect activities intended to be performed in Hong Kong going
forward
Other developments
Hong Kong signs Model 2 IGA under FATCA
The US Foreign Account Tax Compliance Act (ldquoFATCArdquo) is a US law designed to combat tax
evasion by US citizens and residents through the use of offshore accounts and investments
Generally FATCA requires the identification and reporting of US taxpayers by Foreign Financial
Institutions (ldquoFFIsrdquo) outside of the US to the US Internal Revenue Service (ldquoIRSrdquo) In certain
instances FATCA withholding at the rate of 30 may also apply to certain types of US sourced
income
Within Asia Pacific only Australia New Zealand Hong Kong and Japan have signed
Intergovernmental Agreements (ldquoIGAsrdquo) with the US Treasury to-date thereby defining their
obligations and exemptions under FATCA andor local law In particular the Hong Kong IGA
covers certain exemptions for financial institutions or products including Mandatory Provident
Fund schemes registered financial institutions with a local client base certain investment
advisers and investment managers established in Hong Kong
While the Hong Kong IGA largely mitigates the need for FATCA withholding it could still apply
where withholdable payments (US source income or proceeds from the sale of property that
generates US source income) are made to overseas Non-Participating FFIs
Under the IGA FFIs in Hong Kong may rely on a set of streamlined due diligence procedures to
screen and identify US indicia in order to locate US accounts and clients for reporting purposes
For example in determining whether a new individual account is a US account based on a
customized self-certification received from the applicant rather than more esoteric procedures
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
10
under FATCA regulations such as the use of US-centric withholding certificates FFIs are
required however to confirm the reasonableness of such certification which can be
accomplished by reference to other documents obtained during the account opening process
FFIs are required to report the relevant account information of US taxpayers directly to the IRS
under the Model 2 IGA adopted by Hong Kong This is supplemented by group requests made
by the IRS to the Hong Kong Inland Revenue Department for exchange of information on
relevant US taxpayers at a government level on a need basis We expect that local authorities
will only be involved by exception
One of the largest misconceptions about FATCA is that FFIs without US customers will not be
impacted While the reporting aspects of FATCA are reduced when there are no US customers
the primary responsibility conferred upon FFIs is to be able to identify US customers through the
new client due diligence process as well as through pre-existing client remediation
Furthermore companies that are not normally considered financial institutions may still be
considered FFIs under the Hong Kong IGA (ie under the headings of custodial institution
depository institution investment entity or specified insurance company) and may have due
diligence and reporting requirements under FATCA
Hong Kong takes a major step towards the automatic exchange of information
In August 2014 the Organisation for Economic Co-operation and Development (ldquoOECDrdquo)
published the first edition of the Standard for Automatic Exchange of Financial Account
Information in Tax (the Common Reporting Standard) which was presented to the G20 Finance
Ministers and Central Bank Governors at their meeting in Cairns Australia on 20-21 September
2014 and is intended to facilitate the automatic exchange of financial information
Hong Kong was quick to respond directly and positively to the Global Forum on Transparency
and Exchange of Information for Tax Purposes (ldquoGlobal Forumrdquo) of which it is a member In an
announcement on 15 September 2015 Secretary for Financial Services and the Treasury
Professor KC Chan committed to implementing the Common Reporting Standard and said
ldquoIt is crucial for Hong Kong to adopt the latest global standard on tax transparency in order to
maintain our international reputation and competitiveness as an international financial and
business centrerdquo
Current legislation in Hong Kong precludes the exchange of information other than on a request
basis In order to adopt and implement the Common Reporting Standard appropriate legislation
will be required The secretary further announced that the HKSAR Government would soon
engage stakeholders address policy and legal issues and ultimately seek the Legislative
Councilrsquos approval for the legislation
This approach is similar to that adopted in introducing the legislation enacted in July 2013 to
enable Hong Kong to enter into standalone tax information exchange agreements (ldquoTIEArdquo) The
consultation process started in mid- to late 2012 and included extensive consultations with
business and industry bodies as well as legal financial and accountancy representative groups
We expect a similar process for the introduction of the Common Reporting Standard although
given the Global Forumrsquos anticipated commencement date of 2018 the necessary agreements
to properly implement the Common Reporting Standard and the required administrative
measures the government may need to work to a strict schedule
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
11
India
AUSTRALIA
CHINA
HONG KONG
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
Gains arising in the hands of a Mauritian company from sale of equity shares and
Compulsory Convertible Debentures (rdquoCCDsrdquo) of an Indian company are not taxable as
interest income in India
Zaheer Mauritius v DIT International Taxation II [WP (C) 16482013 ampCM No 31052013]
(Delhi)
The taxpayer was a company incorporated and tax resident in Mauritius The taxpayer along with
Vatika Limited (ldquoVatikardquo) an Indian company invested in SH Techpark Developers Ltd (ldquoJV
companyrdquo) to undertake development of a real estate project in India
The taxpayer entered into a Securities Subscription Agreement (ldquoSSArdquo) and a Shareholderrsquos
Agreement (ldquoSHArdquo) with Vatika and the JV company The SHA recorded the terms of the
relationship between the taxpayer Vatika and the JV company their rights and obligations
including matters relating to transfer of equity shares and the management and operation of the
JV company
As per the SSA the taxpayer agreed to acquire 35 per cent ownership interest in the JV
company by making a total investment of INR1 billion in five tranches The taxpayer agreed to
subscribe to 46307 equity shares with a par value of INR10 each and 882585590 zero per cent
CCDs with a par value of INR1 each in a planned and phased manner The SHA also provided
for a call option to be given to Vatika by the taxpayer to acquire all the securities during the
option period and likewise a put option was given to the taxpayer by Vatika to sell to Vatika all
the securities during the determined period
Vatika partly exercised the call option and purchased 22924 equity shares and 436924490
CCDs from the taxpayer for a total consideration of INR800 million Subsequently the taxpayer
transferred further equity shares and CCDs to Vatika
The taxpayer filed an application with the Authority for Advance Ruling (ldquoAARrdquo) The AAR
concluded that the entire transaction which is embodied in the SSA SHA and other documents
was a sham and the real transaction was only of the taxpayer granting a loan to Vatika Based on
Article 10 of the SHA the AAR concluded that these agreements indicated that the taxpayer
would receive a fixed rate of return Accordingly the AAR held that the entire gains on the sale
of equity shares and CCDs held by the taxpayer were interest within the meaning of Section
2(28A) of the Act and Article 11 of the India-Mauritius tax treaty and were taxable in India
The taxpayer filed a writ petition before the Delhi High Court The High Court observed that
there was sufficient commercial reason for the taxpayer to have routed its investment from
Mauritius into the real estate project in India through equity shares and CCDs Thus the legal
nature of CCDs could not be ignored and the corporate veil between the Indian investee
company and the Indian JV company could not be lifted
Therefore the High Court held that the gains from sale of equity shares and CCDs are not
taxable as interest under the Act and the India-Mauritius tax treaty
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
12
Share sale transaction between Joint Venture (ldquoJVrdquo) partners resulting in loss is not a
lsquocolourable devicersquo
CIT v Siel Ltd (ITA No 16162010 and ITA No 16192010)
The taxpayer had entered into a JV agreement followed by a first amendatory agreement with
Plansee Tizit Aktiengesellschaft (ldquoPlanseerdquo) an Austrian company The agreement was entered
into for setting-up and forming the company Siel Tizit Ltd to carry on business of manufacture
sale distribution export and other dealings in hard metals
The two JV partners equally acquired the paid-up equity capital of 15 million equity shares of
INR10 per share During the year under consideration the JV declared a rights issue of six
million equity shares The taxpayer renounced its entitlement to subscribe 3 million equity
shares in the rights issue Thereafter Planseersquos shareholding increased to 583 per cent while
the taxpayerrsquos share holding decreased to 417 per cent
Subsequently the taxpayer and Plansee entered into an agreement whereby Seil Tezit Ltd
proposed to offer 10 million fresh equity shares for cash at par on a rights basis but the taxpayer
due to financial difficulties was unable to subscribe for the shares Therefore the taxpayer
decided to renounce the rights in favour of Plansee
Further on taxpayerrsquos request Plansee agreed to buy the taxpayerrsquos 127 million shareholding for
a consideration of USD600000 which on conversion came to INR202 per share with face value
of INR10 each This resulted in book loss of INR1012 million or indexed loss of INR1362 million
on capital account
The Assessing Officer (ldquoAOrdquo) did not accept the said capital loss and challenged the transaction
The Delhi High Court held that the said transaction had commercial or business reasons The
High Court observed that the Ministry of Industry had granted approval for purchasesale of
shares Further the Reserve Bank of India (rdquoRBIrdquo) had given no objection to the transaction
permitting JV partners to acquire shares in the JV from the taxpayer The reliance of the
taxpayer on the valuation report was also accepted by the RBI when they granted express
permission
Taxation rulings and determinations
Central Board of Direct Taxation (ldquoCBDTrsquo) extends the concessional rate (5 per cent) of
withholding tax on the interest payments to a non-resident on borrowing by way of any
long term bonds in foreign currency
Section 194LC of the Income-tax Act 1961 (ldquothe Actrdquo) was introduced by the Finance Act 2012
It provides a lower withholding tax at the rate of 5 per cent on the interest payments by Indian
companies on borrowings made in foreign currency from a source outside India
The benefit is available in respect of borrowings made either under an agreement or by way of
issue of long term infrastructure bonds The section further provides that such borrowing and
the rate of interest should be approved by the Central Government
Subsequently with a view to lower the compliance burden and reduce the time lag which would
have arisen on account of case-by-case approval the Central Government had decided to grant
approval to all borrowings under loan agreements and long term infrastructure bonds provided
they satisfy prescribed conditions
The Finance (No 2) Act 2014 further extended the concessional rate of withholding tax on
borrowing any long term bonds not limited to a long term infrastructure bond if the borrowing is
made on or after 1 October 2014 Further the concluding date of the period of borrowings
eligible for concession under Section 194LC of the Act has been extended to borrowings made
before the 1 July 2017 and approved by the Central Government
In order to mitigate the compliance burden the CBDT has now issued a Circular conveying the
approval of the Central Government on long term bonds including long term infrastructure bonds
which satisfy the prescribed conditions laid down in the circular
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
13
Other developments
Agreement for avoidance of double taxation and prevention of fiscal evasion with Fiji
The Government of India has announced its tax treaty with the Government of Fiji on 12 August
2014 The tax treaty was signed on 30 January 2014 and will be effective from 1 April 2015
The tax treaty expands the scope of a Permanent Establishment (rdquoPErdquo) by including insurance
PE The tax treaty taxes royalties and fees for technical services at 10 per cent dividend at 5 per
cent and interest at 10 per cent The provisions of the tax treaty do not prevent the contracting
states from applying provisions of the domestic law and measures of tax avoidance or tax
evasion by having clauses on limitation of benefit and exchange of information
India signs first bilateral APA with Japan
On 19 December 2014 the CBDT signed a bilateral Advance Pricing Agreement (ldquoAPArdquo) with a
Japanese company This is Indiarsquos first bilateral APA which has been signed for a period of five
years CBDT announced that this bilateral APA was finalised in one and half years
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
14
Indonesia
AUSTRALIA
CHINA
HONG KONG
INDIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Bank Indonesia Regulation Imposes Limitations on Foreign Financing by Indonesian
Companies
On October 28 2014 Bank Indonesia the Indonesian central bank issued BI Regulation No
1620PBI2014 on Prudential Principles in the Management of Offshore Borrowing for Non-Bank
Institutions (ldquoBI Regulation 16rdquo) which imposes significant restrictions on new offshore financing
arrangements entered into by non-banking institutions in Indonesia The new BI Regulation 16
will force Indonesian non-banking corporations to apply prudent fiscal management regarding
foreign debt
The regulation came into effect on 1 January 2015 and requires Indonesian non-banking
borrowers to satisfy certain minimum hedging and liquidity ratios in relation to their external
indebtedness In particular the regulation requires Indonesian companies who borrow from
offshore source to fulfill three prudential criteria
Hedging ratio From 1 January to 31 December 2015 at least 20 percent of the difference
between foreign currency external indebtedness which will be due in the following six
months and foreign currency assets is required to be hedged Commencing from 1 January
2016 the ratio will be increased to 25 percent
Liquidity ratio From 1 January to 31 December 2015 the minimum ratio of foreign currency
assets to external indebtedness which will be due in the following three months is required
to be 50 percent Commencing from 1 January 2016 the ratio will be increased to 70
percent
Credit rating Commencing from 1 January 2016 any non-banking borrowers must have a
minimum BB rating or its equivalent from an authorized ratings agency
Furthermore under the new BI Regulation 16 non-banking institutions in Indonesia will be
required to submit quarterly report to Bank Indonesia detailing their hedging and liquidity ratios
It appears that no criminal or monetary sanctions will be imposed on borrowers or lenders who
contravene the three prudential criteria However Bank Indonesia will begin imposing
administrative sanctions in the form of warning letters to ldquorelated partiesrdquo in the transaction
including the lenders who are providing the non-compliant debt and disclose to other regulators
such as the Capital Markets Supervisory Authority or OJK which could implement wider-ranging
sanctions under the capital markets regulations for non-compliance
The newly published BI Regulation 16 may force Indonesian corporate borrowers to refinance
their external borrowings in order to meet the criteria However there are still uncertainties
surrounding the detail on how these hedging and liquidity ratios will be calculated The new BI
Regulation 16 is also likely to influence policymakers to review any potential debt leveraging
under the current ldquoThin Capitalisationrdquo concept
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
15
Japan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The ruling coalition (the Liberal Democratic Party and New Komeito) agreed on the lsquoOutline of
the 2015 Tax Reform Proposalsrsquo (ldquoProposalrdquo) on 30 December 2014 We have set out below
brief summaries of the main points of the Proposal
The Proposal itself is only an indicative outline and is unclear with respect to some of the
contemplated changes The details of the tax reform will be unveiled in the bills revising the tax
laws and the succeeding amended tax laws cabinet orders and ministerial ordinances Please
note that the final tax reform could differ from the Proposal depending on the outcome of
discussions in the Diet
Corporate tax rates
Reduction in Effective Corporate Tax Rates
Under the Proposal there will be reductions in the national and local tax rates such that the
effective corporate tax rate should reduce as follows for large sized companies
Current tax law Proposal
Fiscal years beginning
between 1 April 2014
and 31 March 2015
Fiscal years beginning
between 1 April 2015
and 31 March 2016
Fiscal years beginning
on or after 1 April 2016
3462 3211 3133
-
Reduced by 251
compared with
the current tax rate
Reduced by 329
compared with
the current tax rate
The above effective tax rates take into account the tax deductibility of special local
corporation tax and business tax payments and are calculated using the standard tax rates
applied to a company whose stated capital is over JPY100 million
The effective corporate tax rate using Tokyo tax rates applied to a company whose stated
capital is over JPY100 million is currently 3564 percent and the future tax rates will be
available after the business tax rates (income component) for Tokyo are determined in the
range between the standard rates and the maximum tax rates
Size-based Business Tax
Size-based business tax to be levied based on corporate business size not on corporate
incomerevenue as consideration for administration services provided by local governments
was introduced in 2004 Under the 2015 tax reform amendments to size-based business
tax (including increases in tax rates) are proposed in order to make up for lost tax revenues
caused by the reduction of the effective corporate tax rates
Corporate taxation
Tax Loss Carry-forwards
The tax loss carry-forward rules will be amended as below
i Deductible amount of tax losses
The deductible amount of tax losses brought forward will be reduced as follows for
large-sized companies (generally capital over JPY100 million)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
16
Current tax law
Proposal
Fiscal years beginning
between
1 April 2015 and 31 March
2017
Fiscal years beginning on
or after
1 April 2017
Up to 80
of taxable income for
the fiscal year
Up to 65
of taxable income for the
fiscal year
Up to 50
of taxable income for the
fiscal year
ii Tax loss carry-forward period
The tax loss carry-forward period will be extended from 9 years to 10 years As a
result the preservation period for accounting documents the statute of limitations for
corrections by the tax authorities with respect to tax losses and requests for correction
by taxpayers with respect to tax losses will also be extended from 9 years to 10 years
These amendments will be applied to tax losses incurred in fiscal years beginning on or
after 1 April 2017
Dividends Received Deduction
The rules concerning the dividends received deduction are proposed to change as follows
i Excludable ratios for dividends derived from shares
Current tax law
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio 25 or more)
(Dividends received - Interest on debts) x 100
Shares other than the above (Dividends received - Interest on debts) x 50
Proposal
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio more than 13)
(Dividends received - Interest on
debts) x 100
Other shares
(ownership ratio more than 5 but 13 or less)
Dividends received x 50
Non-controlling shares
( ownership ratio 5 or less)
Dividends received x 20
1) The special measure for non-life insurance companies with respect to interest on debts
will be abolished
2) A special measure to enable blue-return filing insurance companies to exclude 40
percent of dividends derived from non-controlling shares from their taxable income will
be introduced
ii Excludable ratios of distribution of profits from investment trusts
Current tax law Proposal
Equity
investment
trusts
(Distribution of profits x 12 (or 14) -
Interest on debts) x 50 0
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
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Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
10
under FATCA regulations such as the use of US-centric withholding certificates FFIs are
required however to confirm the reasonableness of such certification which can be
accomplished by reference to other documents obtained during the account opening process
FFIs are required to report the relevant account information of US taxpayers directly to the IRS
under the Model 2 IGA adopted by Hong Kong This is supplemented by group requests made
by the IRS to the Hong Kong Inland Revenue Department for exchange of information on
relevant US taxpayers at a government level on a need basis We expect that local authorities
will only be involved by exception
One of the largest misconceptions about FATCA is that FFIs without US customers will not be
impacted While the reporting aspects of FATCA are reduced when there are no US customers
the primary responsibility conferred upon FFIs is to be able to identify US customers through the
new client due diligence process as well as through pre-existing client remediation
Furthermore companies that are not normally considered financial institutions may still be
considered FFIs under the Hong Kong IGA (ie under the headings of custodial institution
depository institution investment entity or specified insurance company) and may have due
diligence and reporting requirements under FATCA
Hong Kong takes a major step towards the automatic exchange of information
In August 2014 the Organisation for Economic Co-operation and Development (ldquoOECDrdquo)
published the first edition of the Standard for Automatic Exchange of Financial Account
Information in Tax (the Common Reporting Standard) which was presented to the G20 Finance
Ministers and Central Bank Governors at their meeting in Cairns Australia on 20-21 September
2014 and is intended to facilitate the automatic exchange of financial information
Hong Kong was quick to respond directly and positively to the Global Forum on Transparency
and Exchange of Information for Tax Purposes (ldquoGlobal Forumrdquo) of which it is a member In an
announcement on 15 September 2015 Secretary for Financial Services and the Treasury
Professor KC Chan committed to implementing the Common Reporting Standard and said
ldquoIt is crucial for Hong Kong to adopt the latest global standard on tax transparency in order to
maintain our international reputation and competitiveness as an international financial and
business centrerdquo
Current legislation in Hong Kong precludes the exchange of information other than on a request
basis In order to adopt and implement the Common Reporting Standard appropriate legislation
will be required The secretary further announced that the HKSAR Government would soon
engage stakeholders address policy and legal issues and ultimately seek the Legislative
Councilrsquos approval for the legislation
This approach is similar to that adopted in introducing the legislation enacted in July 2013 to
enable Hong Kong to enter into standalone tax information exchange agreements (ldquoTIEArdquo) The
consultation process started in mid- to late 2012 and included extensive consultations with
business and industry bodies as well as legal financial and accountancy representative groups
We expect a similar process for the introduction of the Common Reporting Standard although
given the Global Forumrsquos anticipated commencement date of 2018 the necessary agreements
to properly implement the Common Reporting Standard and the required administrative
measures the government may need to work to a strict schedule
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
11
India
AUSTRALIA
CHINA
HONG KONG
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
Gains arising in the hands of a Mauritian company from sale of equity shares and
Compulsory Convertible Debentures (rdquoCCDsrdquo) of an Indian company are not taxable as
interest income in India
Zaheer Mauritius v DIT International Taxation II [WP (C) 16482013 ampCM No 31052013]
(Delhi)
The taxpayer was a company incorporated and tax resident in Mauritius The taxpayer along with
Vatika Limited (ldquoVatikardquo) an Indian company invested in SH Techpark Developers Ltd (ldquoJV
companyrdquo) to undertake development of a real estate project in India
The taxpayer entered into a Securities Subscription Agreement (ldquoSSArdquo) and a Shareholderrsquos
Agreement (ldquoSHArdquo) with Vatika and the JV company The SHA recorded the terms of the
relationship between the taxpayer Vatika and the JV company their rights and obligations
including matters relating to transfer of equity shares and the management and operation of the
JV company
As per the SSA the taxpayer agreed to acquire 35 per cent ownership interest in the JV
company by making a total investment of INR1 billion in five tranches The taxpayer agreed to
subscribe to 46307 equity shares with a par value of INR10 each and 882585590 zero per cent
CCDs with a par value of INR1 each in a planned and phased manner The SHA also provided
for a call option to be given to Vatika by the taxpayer to acquire all the securities during the
option period and likewise a put option was given to the taxpayer by Vatika to sell to Vatika all
the securities during the determined period
Vatika partly exercised the call option and purchased 22924 equity shares and 436924490
CCDs from the taxpayer for a total consideration of INR800 million Subsequently the taxpayer
transferred further equity shares and CCDs to Vatika
The taxpayer filed an application with the Authority for Advance Ruling (ldquoAARrdquo) The AAR
concluded that the entire transaction which is embodied in the SSA SHA and other documents
was a sham and the real transaction was only of the taxpayer granting a loan to Vatika Based on
Article 10 of the SHA the AAR concluded that these agreements indicated that the taxpayer
would receive a fixed rate of return Accordingly the AAR held that the entire gains on the sale
of equity shares and CCDs held by the taxpayer were interest within the meaning of Section
2(28A) of the Act and Article 11 of the India-Mauritius tax treaty and were taxable in India
The taxpayer filed a writ petition before the Delhi High Court The High Court observed that
there was sufficient commercial reason for the taxpayer to have routed its investment from
Mauritius into the real estate project in India through equity shares and CCDs Thus the legal
nature of CCDs could not be ignored and the corporate veil between the Indian investee
company and the Indian JV company could not be lifted
Therefore the High Court held that the gains from sale of equity shares and CCDs are not
taxable as interest under the Act and the India-Mauritius tax treaty
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
12
Share sale transaction between Joint Venture (ldquoJVrdquo) partners resulting in loss is not a
lsquocolourable devicersquo
CIT v Siel Ltd (ITA No 16162010 and ITA No 16192010)
The taxpayer had entered into a JV agreement followed by a first amendatory agreement with
Plansee Tizit Aktiengesellschaft (ldquoPlanseerdquo) an Austrian company The agreement was entered
into for setting-up and forming the company Siel Tizit Ltd to carry on business of manufacture
sale distribution export and other dealings in hard metals
The two JV partners equally acquired the paid-up equity capital of 15 million equity shares of
INR10 per share During the year under consideration the JV declared a rights issue of six
million equity shares The taxpayer renounced its entitlement to subscribe 3 million equity
shares in the rights issue Thereafter Planseersquos shareholding increased to 583 per cent while
the taxpayerrsquos share holding decreased to 417 per cent
Subsequently the taxpayer and Plansee entered into an agreement whereby Seil Tezit Ltd
proposed to offer 10 million fresh equity shares for cash at par on a rights basis but the taxpayer
due to financial difficulties was unable to subscribe for the shares Therefore the taxpayer
decided to renounce the rights in favour of Plansee
Further on taxpayerrsquos request Plansee agreed to buy the taxpayerrsquos 127 million shareholding for
a consideration of USD600000 which on conversion came to INR202 per share with face value
of INR10 each This resulted in book loss of INR1012 million or indexed loss of INR1362 million
on capital account
The Assessing Officer (ldquoAOrdquo) did not accept the said capital loss and challenged the transaction
The Delhi High Court held that the said transaction had commercial or business reasons The
High Court observed that the Ministry of Industry had granted approval for purchasesale of
shares Further the Reserve Bank of India (rdquoRBIrdquo) had given no objection to the transaction
permitting JV partners to acquire shares in the JV from the taxpayer The reliance of the
taxpayer on the valuation report was also accepted by the RBI when they granted express
permission
Taxation rulings and determinations
Central Board of Direct Taxation (ldquoCBDTrsquo) extends the concessional rate (5 per cent) of
withholding tax on the interest payments to a non-resident on borrowing by way of any
long term bonds in foreign currency
Section 194LC of the Income-tax Act 1961 (ldquothe Actrdquo) was introduced by the Finance Act 2012
It provides a lower withholding tax at the rate of 5 per cent on the interest payments by Indian
companies on borrowings made in foreign currency from a source outside India
The benefit is available in respect of borrowings made either under an agreement or by way of
issue of long term infrastructure bonds The section further provides that such borrowing and
the rate of interest should be approved by the Central Government
Subsequently with a view to lower the compliance burden and reduce the time lag which would
have arisen on account of case-by-case approval the Central Government had decided to grant
approval to all borrowings under loan agreements and long term infrastructure bonds provided
they satisfy prescribed conditions
The Finance (No 2) Act 2014 further extended the concessional rate of withholding tax on
borrowing any long term bonds not limited to a long term infrastructure bond if the borrowing is
made on or after 1 October 2014 Further the concluding date of the period of borrowings
eligible for concession under Section 194LC of the Act has been extended to borrowings made
before the 1 July 2017 and approved by the Central Government
In order to mitigate the compliance burden the CBDT has now issued a Circular conveying the
approval of the Central Government on long term bonds including long term infrastructure bonds
which satisfy the prescribed conditions laid down in the circular
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
13
Other developments
Agreement for avoidance of double taxation and prevention of fiscal evasion with Fiji
The Government of India has announced its tax treaty with the Government of Fiji on 12 August
2014 The tax treaty was signed on 30 January 2014 and will be effective from 1 April 2015
The tax treaty expands the scope of a Permanent Establishment (rdquoPErdquo) by including insurance
PE The tax treaty taxes royalties and fees for technical services at 10 per cent dividend at 5 per
cent and interest at 10 per cent The provisions of the tax treaty do not prevent the contracting
states from applying provisions of the domestic law and measures of tax avoidance or tax
evasion by having clauses on limitation of benefit and exchange of information
India signs first bilateral APA with Japan
On 19 December 2014 the CBDT signed a bilateral Advance Pricing Agreement (ldquoAPArdquo) with a
Japanese company This is Indiarsquos first bilateral APA which has been signed for a period of five
years CBDT announced that this bilateral APA was finalised in one and half years
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
14
Indonesia
AUSTRALIA
CHINA
HONG KONG
INDIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Bank Indonesia Regulation Imposes Limitations on Foreign Financing by Indonesian
Companies
On October 28 2014 Bank Indonesia the Indonesian central bank issued BI Regulation No
1620PBI2014 on Prudential Principles in the Management of Offshore Borrowing for Non-Bank
Institutions (ldquoBI Regulation 16rdquo) which imposes significant restrictions on new offshore financing
arrangements entered into by non-banking institutions in Indonesia The new BI Regulation 16
will force Indonesian non-banking corporations to apply prudent fiscal management regarding
foreign debt
The regulation came into effect on 1 January 2015 and requires Indonesian non-banking
borrowers to satisfy certain minimum hedging and liquidity ratios in relation to their external
indebtedness In particular the regulation requires Indonesian companies who borrow from
offshore source to fulfill three prudential criteria
Hedging ratio From 1 January to 31 December 2015 at least 20 percent of the difference
between foreign currency external indebtedness which will be due in the following six
months and foreign currency assets is required to be hedged Commencing from 1 January
2016 the ratio will be increased to 25 percent
Liquidity ratio From 1 January to 31 December 2015 the minimum ratio of foreign currency
assets to external indebtedness which will be due in the following three months is required
to be 50 percent Commencing from 1 January 2016 the ratio will be increased to 70
percent
Credit rating Commencing from 1 January 2016 any non-banking borrowers must have a
minimum BB rating or its equivalent from an authorized ratings agency
Furthermore under the new BI Regulation 16 non-banking institutions in Indonesia will be
required to submit quarterly report to Bank Indonesia detailing their hedging and liquidity ratios
It appears that no criminal or monetary sanctions will be imposed on borrowers or lenders who
contravene the three prudential criteria However Bank Indonesia will begin imposing
administrative sanctions in the form of warning letters to ldquorelated partiesrdquo in the transaction
including the lenders who are providing the non-compliant debt and disclose to other regulators
such as the Capital Markets Supervisory Authority or OJK which could implement wider-ranging
sanctions under the capital markets regulations for non-compliance
The newly published BI Regulation 16 may force Indonesian corporate borrowers to refinance
their external borrowings in order to meet the criteria However there are still uncertainties
surrounding the detail on how these hedging and liquidity ratios will be calculated The new BI
Regulation 16 is also likely to influence policymakers to review any potential debt leveraging
under the current ldquoThin Capitalisationrdquo concept
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
15
Japan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The ruling coalition (the Liberal Democratic Party and New Komeito) agreed on the lsquoOutline of
the 2015 Tax Reform Proposalsrsquo (ldquoProposalrdquo) on 30 December 2014 We have set out below
brief summaries of the main points of the Proposal
The Proposal itself is only an indicative outline and is unclear with respect to some of the
contemplated changes The details of the tax reform will be unveiled in the bills revising the tax
laws and the succeeding amended tax laws cabinet orders and ministerial ordinances Please
note that the final tax reform could differ from the Proposal depending on the outcome of
discussions in the Diet
Corporate tax rates
Reduction in Effective Corporate Tax Rates
Under the Proposal there will be reductions in the national and local tax rates such that the
effective corporate tax rate should reduce as follows for large sized companies
Current tax law Proposal
Fiscal years beginning
between 1 April 2014
and 31 March 2015
Fiscal years beginning
between 1 April 2015
and 31 March 2016
Fiscal years beginning
on or after 1 April 2016
3462 3211 3133
-
Reduced by 251
compared with
the current tax rate
Reduced by 329
compared with
the current tax rate
The above effective tax rates take into account the tax deductibility of special local
corporation tax and business tax payments and are calculated using the standard tax rates
applied to a company whose stated capital is over JPY100 million
The effective corporate tax rate using Tokyo tax rates applied to a company whose stated
capital is over JPY100 million is currently 3564 percent and the future tax rates will be
available after the business tax rates (income component) for Tokyo are determined in the
range between the standard rates and the maximum tax rates
Size-based Business Tax
Size-based business tax to be levied based on corporate business size not on corporate
incomerevenue as consideration for administration services provided by local governments
was introduced in 2004 Under the 2015 tax reform amendments to size-based business
tax (including increases in tax rates) are proposed in order to make up for lost tax revenues
caused by the reduction of the effective corporate tax rates
Corporate taxation
Tax Loss Carry-forwards
The tax loss carry-forward rules will be amended as below
i Deductible amount of tax losses
The deductible amount of tax losses brought forward will be reduced as follows for
large-sized companies (generally capital over JPY100 million)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
16
Current tax law
Proposal
Fiscal years beginning
between
1 April 2015 and 31 March
2017
Fiscal years beginning on
or after
1 April 2017
Up to 80
of taxable income for
the fiscal year
Up to 65
of taxable income for the
fiscal year
Up to 50
of taxable income for the
fiscal year
ii Tax loss carry-forward period
The tax loss carry-forward period will be extended from 9 years to 10 years As a
result the preservation period for accounting documents the statute of limitations for
corrections by the tax authorities with respect to tax losses and requests for correction
by taxpayers with respect to tax losses will also be extended from 9 years to 10 years
These amendments will be applied to tax losses incurred in fiscal years beginning on or
after 1 April 2017
Dividends Received Deduction
The rules concerning the dividends received deduction are proposed to change as follows
i Excludable ratios for dividends derived from shares
Current tax law
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio 25 or more)
(Dividends received - Interest on debts) x 100
Shares other than the above (Dividends received - Interest on debts) x 50
Proposal
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio more than 13)
(Dividends received - Interest on
debts) x 100
Other shares
(ownership ratio more than 5 but 13 or less)
Dividends received x 50
Non-controlling shares
( ownership ratio 5 or less)
Dividends received x 20
1) The special measure for non-life insurance companies with respect to interest on debts
will be abolished
2) A special measure to enable blue-return filing insurance companies to exclude 40
percent of dividends derived from non-controlling shares from their taxable income will
be introduced
ii Excludable ratios of distribution of profits from investment trusts
Current tax law Proposal
Equity
investment
trusts
(Distribution of profits x 12 (or 14) -
Interest on debts) x 50 0
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
11
India
AUSTRALIA
CHINA
HONG KONG
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
Gains arising in the hands of a Mauritian company from sale of equity shares and
Compulsory Convertible Debentures (rdquoCCDsrdquo) of an Indian company are not taxable as
interest income in India
Zaheer Mauritius v DIT International Taxation II [WP (C) 16482013 ampCM No 31052013]
(Delhi)
The taxpayer was a company incorporated and tax resident in Mauritius The taxpayer along with
Vatika Limited (ldquoVatikardquo) an Indian company invested in SH Techpark Developers Ltd (ldquoJV
companyrdquo) to undertake development of a real estate project in India
The taxpayer entered into a Securities Subscription Agreement (ldquoSSArdquo) and a Shareholderrsquos
Agreement (ldquoSHArdquo) with Vatika and the JV company The SHA recorded the terms of the
relationship between the taxpayer Vatika and the JV company their rights and obligations
including matters relating to transfer of equity shares and the management and operation of the
JV company
As per the SSA the taxpayer agreed to acquire 35 per cent ownership interest in the JV
company by making a total investment of INR1 billion in five tranches The taxpayer agreed to
subscribe to 46307 equity shares with a par value of INR10 each and 882585590 zero per cent
CCDs with a par value of INR1 each in a planned and phased manner The SHA also provided
for a call option to be given to Vatika by the taxpayer to acquire all the securities during the
option period and likewise a put option was given to the taxpayer by Vatika to sell to Vatika all
the securities during the determined period
Vatika partly exercised the call option and purchased 22924 equity shares and 436924490
CCDs from the taxpayer for a total consideration of INR800 million Subsequently the taxpayer
transferred further equity shares and CCDs to Vatika
The taxpayer filed an application with the Authority for Advance Ruling (ldquoAARrdquo) The AAR
concluded that the entire transaction which is embodied in the SSA SHA and other documents
was a sham and the real transaction was only of the taxpayer granting a loan to Vatika Based on
Article 10 of the SHA the AAR concluded that these agreements indicated that the taxpayer
would receive a fixed rate of return Accordingly the AAR held that the entire gains on the sale
of equity shares and CCDs held by the taxpayer were interest within the meaning of Section
2(28A) of the Act and Article 11 of the India-Mauritius tax treaty and were taxable in India
The taxpayer filed a writ petition before the Delhi High Court The High Court observed that
there was sufficient commercial reason for the taxpayer to have routed its investment from
Mauritius into the real estate project in India through equity shares and CCDs Thus the legal
nature of CCDs could not be ignored and the corporate veil between the Indian investee
company and the Indian JV company could not be lifted
Therefore the High Court held that the gains from sale of equity shares and CCDs are not
taxable as interest under the Act and the India-Mauritius tax treaty
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General tax update for financial institutions in Asia Pacific
12
Share sale transaction between Joint Venture (ldquoJVrdquo) partners resulting in loss is not a
lsquocolourable devicersquo
CIT v Siel Ltd (ITA No 16162010 and ITA No 16192010)
The taxpayer had entered into a JV agreement followed by a first amendatory agreement with
Plansee Tizit Aktiengesellschaft (ldquoPlanseerdquo) an Austrian company The agreement was entered
into for setting-up and forming the company Siel Tizit Ltd to carry on business of manufacture
sale distribution export and other dealings in hard metals
The two JV partners equally acquired the paid-up equity capital of 15 million equity shares of
INR10 per share During the year under consideration the JV declared a rights issue of six
million equity shares The taxpayer renounced its entitlement to subscribe 3 million equity
shares in the rights issue Thereafter Planseersquos shareholding increased to 583 per cent while
the taxpayerrsquos share holding decreased to 417 per cent
Subsequently the taxpayer and Plansee entered into an agreement whereby Seil Tezit Ltd
proposed to offer 10 million fresh equity shares for cash at par on a rights basis but the taxpayer
due to financial difficulties was unable to subscribe for the shares Therefore the taxpayer
decided to renounce the rights in favour of Plansee
Further on taxpayerrsquos request Plansee agreed to buy the taxpayerrsquos 127 million shareholding for
a consideration of USD600000 which on conversion came to INR202 per share with face value
of INR10 each This resulted in book loss of INR1012 million or indexed loss of INR1362 million
on capital account
The Assessing Officer (ldquoAOrdquo) did not accept the said capital loss and challenged the transaction
The Delhi High Court held that the said transaction had commercial or business reasons The
High Court observed that the Ministry of Industry had granted approval for purchasesale of
shares Further the Reserve Bank of India (rdquoRBIrdquo) had given no objection to the transaction
permitting JV partners to acquire shares in the JV from the taxpayer The reliance of the
taxpayer on the valuation report was also accepted by the RBI when they granted express
permission
Taxation rulings and determinations
Central Board of Direct Taxation (ldquoCBDTrsquo) extends the concessional rate (5 per cent) of
withholding tax on the interest payments to a non-resident on borrowing by way of any
long term bonds in foreign currency
Section 194LC of the Income-tax Act 1961 (ldquothe Actrdquo) was introduced by the Finance Act 2012
It provides a lower withholding tax at the rate of 5 per cent on the interest payments by Indian
companies on borrowings made in foreign currency from a source outside India
The benefit is available in respect of borrowings made either under an agreement or by way of
issue of long term infrastructure bonds The section further provides that such borrowing and
the rate of interest should be approved by the Central Government
Subsequently with a view to lower the compliance burden and reduce the time lag which would
have arisen on account of case-by-case approval the Central Government had decided to grant
approval to all borrowings under loan agreements and long term infrastructure bonds provided
they satisfy prescribed conditions
The Finance (No 2) Act 2014 further extended the concessional rate of withholding tax on
borrowing any long term bonds not limited to a long term infrastructure bond if the borrowing is
made on or after 1 October 2014 Further the concluding date of the period of borrowings
eligible for concession under Section 194LC of the Act has been extended to borrowings made
before the 1 July 2017 and approved by the Central Government
In order to mitigate the compliance burden the CBDT has now issued a Circular conveying the
approval of the Central Government on long term bonds including long term infrastructure bonds
which satisfy the prescribed conditions laid down in the circular
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General tax update for financial institutions in Asia Pacific
13
Other developments
Agreement for avoidance of double taxation and prevention of fiscal evasion with Fiji
The Government of India has announced its tax treaty with the Government of Fiji on 12 August
2014 The tax treaty was signed on 30 January 2014 and will be effective from 1 April 2015
The tax treaty expands the scope of a Permanent Establishment (rdquoPErdquo) by including insurance
PE The tax treaty taxes royalties and fees for technical services at 10 per cent dividend at 5 per
cent and interest at 10 per cent The provisions of the tax treaty do not prevent the contracting
states from applying provisions of the domestic law and measures of tax avoidance or tax
evasion by having clauses on limitation of benefit and exchange of information
India signs first bilateral APA with Japan
On 19 December 2014 the CBDT signed a bilateral Advance Pricing Agreement (ldquoAPArdquo) with a
Japanese company This is Indiarsquos first bilateral APA which has been signed for a period of five
years CBDT announced that this bilateral APA was finalised in one and half years
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
14
Indonesia
AUSTRALIA
CHINA
HONG KONG
INDIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Bank Indonesia Regulation Imposes Limitations on Foreign Financing by Indonesian
Companies
On October 28 2014 Bank Indonesia the Indonesian central bank issued BI Regulation No
1620PBI2014 on Prudential Principles in the Management of Offshore Borrowing for Non-Bank
Institutions (ldquoBI Regulation 16rdquo) which imposes significant restrictions on new offshore financing
arrangements entered into by non-banking institutions in Indonesia The new BI Regulation 16
will force Indonesian non-banking corporations to apply prudent fiscal management regarding
foreign debt
The regulation came into effect on 1 January 2015 and requires Indonesian non-banking
borrowers to satisfy certain minimum hedging and liquidity ratios in relation to their external
indebtedness In particular the regulation requires Indonesian companies who borrow from
offshore source to fulfill three prudential criteria
Hedging ratio From 1 January to 31 December 2015 at least 20 percent of the difference
between foreign currency external indebtedness which will be due in the following six
months and foreign currency assets is required to be hedged Commencing from 1 January
2016 the ratio will be increased to 25 percent
Liquidity ratio From 1 January to 31 December 2015 the minimum ratio of foreign currency
assets to external indebtedness which will be due in the following three months is required
to be 50 percent Commencing from 1 January 2016 the ratio will be increased to 70
percent
Credit rating Commencing from 1 January 2016 any non-banking borrowers must have a
minimum BB rating or its equivalent from an authorized ratings agency
Furthermore under the new BI Regulation 16 non-banking institutions in Indonesia will be
required to submit quarterly report to Bank Indonesia detailing their hedging and liquidity ratios
It appears that no criminal or monetary sanctions will be imposed on borrowers or lenders who
contravene the three prudential criteria However Bank Indonesia will begin imposing
administrative sanctions in the form of warning letters to ldquorelated partiesrdquo in the transaction
including the lenders who are providing the non-compliant debt and disclose to other regulators
such as the Capital Markets Supervisory Authority or OJK which could implement wider-ranging
sanctions under the capital markets regulations for non-compliance
The newly published BI Regulation 16 may force Indonesian corporate borrowers to refinance
their external borrowings in order to meet the criteria However there are still uncertainties
surrounding the detail on how these hedging and liquidity ratios will be calculated The new BI
Regulation 16 is also likely to influence policymakers to review any potential debt leveraging
under the current ldquoThin Capitalisationrdquo concept
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General tax update for financial institutions in Asia Pacific
15
Japan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The ruling coalition (the Liberal Democratic Party and New Komeito) agreed on the lsquoOutline of
the 2015 Tax Reform Proposalsrsquo (ldquoProposalrdquo) on 30 December 2014 We have set out below
brief summaries of the main points of the Proposal
The Proposal itself is only an indicative outline and is unclear with respect to some of the
contemplated changes The details of the tax reform will be unveiled in the bills revising the tax
laws and the succeeding amended tax laws cabinet orders and ministerial ordinances Please
note that the final tax reform could differ from the Proposal depending on the outcome of
discussions in the Diet
Corporate tax rates
Reduction in Effective Corporate Tax Rates
Under the Proposal there will be reductions in the national and local tax rates such that the
effective corporate tax rate should reduce as follows for large sized companies
Current tax law Proposal
Fiscal years beginning
between 1 April 2014
and 31 March 2015
Fiscal years beginning
between 1 April 2015
and 31 March 2016
Fiscal years beginning
on or after 1 April 2016
3462 3211 3133
-
Reduced by 251
compared with
the current tax rate
Reduced by 329
compared with
the current tax rate
The above effective tax rates take into account the tax deductibility of special local
corporation tax and business tax payments and are calculated using the standard tax rates
applied to a company whose stated capital is over JPY100 million
The effective corporate tax rate using Tokyo tax rates applied to a company whose stated
capital is over JPY100 million is currently 3564 percent and the future tax rates will be
available after the business tax rates (income component) for Tokyo are determined in the
range between the standard rates and the maximum tax rates
Size-based Business Tax
Size-based business tax to be levied based on corporate business size not on corporate
incomerevenue as consideration for administration services provided by local governments
was introduced in 2004 Under the 2015 tax reform amendments to size-based business
tax (including increases in tax rates) are proposed in order to make up for lost tax revenues
caused by the reduction of the effective corporate tax rates
Corporate taxation
Tax Loss Carry-forwards
The tax loss carry-forward rules will be amended as below
i Deductible amount of tax losses
The deductible amount of tax losses brought forward will be reduced as follows for
large-sized companies (generally capital over JPY100 million)
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General tax update for financial institutions in Asia Pacific
16
Current tax law
Proposal
Fiscal years beginning
between
1 April 2015 and 31 March
2017
Fiscal years beginning on
or after
1 April 2017
Up to 80
of taxable income for
the fiscal year
Up to 65
of taxable income for the
fiscal year
Up to 50
of taxable income for the
fiscal year
ii Tax loss carry-forward period
The tax loss carry-forward period will be extended from 9 years to 10 years As a
result the preservation period for accounting documents the statute of limitations for
corrections by the tax authorities with respect to tax losses and requests for correction
by taxpayers with respect to tax losses will also be extended from 9 years to 10 years
These amendments will be applied to tax losses incurred in fiscal years beginning on or
after 1 April 2017
Dividends Received Deduction
The rules concerning the dividends received deduction are proposed to change as follows
i Excludable ratios for dividends derived from shares
Current tax law
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio 25 or more)
(Dividends received - Interest on debts) x 100
Shares other than the above (Dividends received - Interest on debts) x 50
Proposal
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio more than 13)
(Dividends received - Interest on
debts) x 100
Other shares
(ownership ratio more than 5 but 13 or less)
Dividends received x 50
Non-controlling shares
( ownership ratio 5 or less)
Dividends received x 20
1) The special measure for non-life insurance companies with respect to interest on debts
will be abolished
2) A special measure to enable blue-return filing insurance companies to exclude 40
percent of dividends derived from non-controlling shares from their taxable income will
be introduced
ii Excludable ratios of distribution of profits from investment trusts
Current tax law Proposal
Equity
investment
trusts
(Distribution of profits x 12 (or 14) -
Interest on debts) x 50 0
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
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The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
12
Share sale transaction between Joint Venture (ldquoJVrdquo) partners resulting in loss is not a
lsquocolourable devicersquo
CIT v Siel Ltd (ITA No 16162010 and ITA No 16192010)
The taxpayer had entered into a JV agreement followed by a first amendatory agreement with
Plansee Tizit Aktiengesellschaft (ldquoPlanseerdquo) an Austrian company The agreement was entered
into for setting-up and forming the company Siel Tizit Ltd to carry on business of manufacture
sale distribution export and other dealings in hard metals
The two JV partners equally acquired the paid-up equity capital of 15 million equity shares of
INR10 per share During the year under consideration the JV declared a rights issue of six
million equity shares The taxpayer renounced its entitlement to subscribe 3 million equity
shares in the rights issue Thereafter Planseersquos shareholding increased to 583 per cent while
the taxpayerrsquos share holding decreased to 417 per cent
Subsequently the taxpayer and Plansee entered into an agreement whereby Seil Tezit Ltd
proposed to offer 10 million fresh equity shares for cash at par on a rights basis but the taxpayer
due to financial difficulties was unable to subscribe for the shares Therefore the taxpayer
decided to renounce the rights in favour of Plansee
Further on taxpayerrsquos request Plansee agreed to buy the taxpayerrsquos 127 million shareholding for
a consideration of USD600000 which on conversion came to INR202 per share with face value
of INR10 each This resulted in book loss of INR1012 million or indexed loss of INR1362 million
on capital account
The Assessing Officer (ldquoAOrdquo) did not accept the said capital loss and challenged the transaction
The Delhi High Court held that the said transaction had commercial or business reasons The
High Court observed that the Ministry of Industry had granted approval for purchasesale of
shares Further the Reserve Bank of India (rdquoRBIrdquo) had given no objection to the transaction
permitting JV partners to acquire shares in the JV from the taxpayer The reliance of the
taxpayer on the valuation report was also accepted by the RBI when they granted express
permission
Taxation rulings and determinations
Central Board of Direct Taxation (ldquoCBDTrsquo) extends the concessional rate (5 per cent) of
withholding tax on the interest payments to a non-resident on borrowing by way of any
long term bonds in foreign currency
Section 194LC of the Income-tax Act 1961 (ldquothe Actrdquo) was introduced by the Finance Act 2012
It provides a lower withholding tax at the rate of 5 per cent on the interest payments by Indian
companies on borrowings made in foreign currency from a source outside India
The benefit is available in respect of borrowings made either under an agreement or by way of
issue of long term infrastructure bonds The section further provides that such borrowing and
the rate of interest should be approved by the Central Government
Subsequently with a view to lower the compliance burden and reduce the time lag which would
have arisen on account of case-by-case approval the Central Government had decided to grant
approval to all borrowings under loan agreements and long term infrastructure bonds provided
they satisfy prescribed conditions
The Finance (No 2) Act 2014 further extended the concessional rate of withholding tax on
borrowing any long term bonds not limited to a long term infrastructure bond if the borrowing is
made on or after 1 October 2014 Further the concluding date of the period of borrowings
eligible for concession under Section 194LC of the Act has been extended to borrowings made
before the 1 July 2017 and approved by the Central Government
In order to mitigate the compliance burden the CBDT has now issued a Circular conveying the
approval of the Central Government on long term bonds including long term infrastructure bonds
which satisfy the prescribed conditions laid down in the circular
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
13
Other developments
Agreement for avoidance of double taxation and prevention of fiscal evasion with Fiji
The Government of India has announced its tax treaty with the Government of Fiji on 12 August
2014 The tax treaty was signed on 30 January 2014 and will be effective from 1 April 2015
The tax treaty expands the scope of a Permanent Establishment (rdquoPErdquo) by including insurance
PE The tax treaty taxes royalties and fees for technical services at 10 per cent dividend at 5 per
cent and interest at 10 per cent The provisions of the tax treaty do not prevent the contracting
states from applying provisions of the domestic law and measures of tax avoidance or tax
evasion by having clauses on limitation of benefit and exchange of information
India signs first bilateral APA with Japan
On 19 December 2014 the CBDT signed a bilateral Advance Pricing Agreement (ldquoAPArdquo) with a
Japanese company This is Indiarsquos first bilateral APA which has been signed for a period of five
years CBDT announced that this bilateral APA was finalised in one and half years
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
14
Indonesia
AUSTRALIA
CHINA
HONG KONG
INDIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Bank Indonesia Regulation Imposes Limitations on Foreign Financing by Indonesian
Companies
On October 28 2014 Bank Indonesia the Indonesian central bank issued BI Regulation No
1620PBI2014 on Prudential Principles in the Management of Offshore Borrowing for Non-Bank
Institutions (ldquoBI Regulation 16rdquo) which imposes significant restrictions on new offshore financing
arrangements entered into by non-banking institutions in Indonesia The new BI Regulation 16
will force Indonesian non-banking corporations to apply prudent fiscal management regarding
foreign debt
The regulation came into effect on 1 January 2015 and requires Indonesian non-banking
borrowers to satisfy certain minimum hedging and liquidity ratios in relation to their external
indebtedness In particular the regulation requires Indonesian companies who borrow from
offshore source to fulfill three prudential criteria
Hedging ratio From 1 January to 31 December 2015 at least 20 percent of the difference
between foreign currency external indebtedness which will be due in the following six
months and foreign currency assets is required to be hedged Commencing from 1 January
2016 the ratio will be increased to 25 percent
Liquidity ratio From 1 January to 31 December 2015 the minimum ratio of foreign currency
assets to external indebtedness which will be due in the following three months is required
to be 50 percent Commencing from 1 January 2016 the ratio will be increased to 70
percent
Credit rating Commencing from 1 January 2016 any non-banking borrowers must have a
minimum BB rating or its equivalent from an authorized ratings agency
Furthermore under the new BI Regulation 16 non-banking institutions in Indonesia will be
required to submit quarterly report to Bank Indonesia detailing their hedging and liquidity ratios
It appears that no criminal or monetary sanctions will be imposed on borrowers or lenders who
contravene the three prudential criteria However Bank Indonesia will begin imposing
administrative sanctions in the form of warning letters to ldquorelated partiesrdquo in the transaction
including the lenders who are providing the non-compliant debt and disclose to other regulators
such as the Capital Markets Supervisory Authority or OJK which could implement wider-ranging
sanctions under the capital markets regulations for non-compliance
The newly published BI Regulation 16 may force Indonesian corporate borrowers to refinance
their external borrowings in order to meet the criteria However there are still uncertainties
surrounding the detail on how these hedging and liquidity ratios will be calculated The new BI
Regulation 16 is also likely to influence policymakers to review any potential debt leveraging
under the current ldquoThin Capitalisationrdquo concept
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
15
Japan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The ruling coalition (the Liberal Democratic Party and New Komeito) agreed on the lsquoOutline of
the 2015 Tax Reform Proposalsrsquo (ldquoProposalrdquo) on 30 December 2014 We have set out below
brief summaries of the main points of the Proposal
The Proposal itself is only an indicative outline and is unclear with respect to some of the
contemplated changes The details of the tax reform will be unveiled in the bills revising the tax
laws and the succeeding amended tax laws cabinet orders and ministerial ordinances Please
note that the final tax reform could differ from the Proposal depending on the outcome of
discussions in the Diet
Corporate tax rates
Reduction in Effective Corporate Tax Rates
Under the Proposal there will be reductions in the national and local tax rates such that the
effective corporate tax rate should reduce as follows for large sized companies
Current tax law Proposal
Fiscal years beginning
between 1 April 2014
and 31 March 2015
Fiscal years beginning
between 1 April 2015
and 31 March 2016
Fiscal years beginning
on or after 1 April 2016
3462 3211 3133
-
Reduced by 251
compared with
the current tax rate
Reduced by 329
compared with
the current tax rate
The above effective tax rates take into account the tax deductibility of special local
corporation tax and business tax payments and are calculated using the standard tax rates
applied to a company whose stated capital is over JPY100 million
The effective corporate tax rate using Tokyo tax rates applied to a company whose stated
capital is over JPY100 million is currently 3564 percent and the future tax rates will be
available after the business tax rates (income component) for Tokyo are determined in the
range between the standard rates and the maximum tax rates
Size-based Business Tax
Size-based business tax to be levied based on corporate business size not on corporate
incomerevenue as consideration for administration services provided by local governments
was introduced in 2004 Under the 2015 tax reform amendments to size-based business
tax (including increases in tax rates) are proposed in order to make up for lost tax revenues
caused by the reduction of the effective corporate tax rates
Corporate taxation
Tax Loss Carry-forwards
The tax loss carry-forward rules will be amended as below
i Deductible amount of tax losses
The deductible amount of tax losses brought forward will be reduced as follows for
large-sized companies (generally capital over JPY100 million)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
16
Current tax law
Proposal
Fiscal years beginning
between
1 April 2015 and 31 March
2017
Fiscal years beginning on
or after
1 April 2017
Up to 80
of taxable income for
the fiscal year
Up to 65
of taxable income for the
fiscal year
Up to 50
of taxable income for the
fiscal year
ii Tax loss carry-forward period
The tax loss carry-forward period will be extended from 9 years to 10 years As a
result the preservation period for accounting documents the statute of limitations for
corrections by the tax authorities with respect to tax losses and requests for correction
by taxpayers with respect to tax losses will also be extended from 9 years to 10 years
These amendments will be applied to tax losses incurred in fiscal years beginning on or
after 1 April 2017
Dividends Received Deduction
The rules concerning the dividends received deduction are proposed to change as follows
i Excludable ratios for dividends derived from shares
Current tax law
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio 25 or more)
(Dividends received - Interest on debts) x 100
Shares other than the above (Dividends received - Interest on debts) x 50
Proposal
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio more than 13)
(Dividends received - Interest on
debts) x 100
Other shares
(ownership ratio more than 5 but 13 or less)
Dividends received x 50
Non-controlling shares
( ownership ratio 5 or less)
Dividends received x 20
1) The special measure for non-life insurance companies with respect to interest on debts
will be abolished
2) A special measure to enable blue-return filing insurance companies to exclude 40
percent of dividends derived from non-controlling shares from their taxable income will
be introduced
ii Excludable ratios of distribution of profits from investment trusts
Current tax law Proposal
Equity
investment
trusts
(Distribution of profits x 12 (or 14) -
Interest on debts) x 50 0
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
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Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
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+66 2 677 2426
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Vietnam
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+84 8 3821 9266
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The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
13
Other developments
Agreement for avoidance of double taxation and prevention of fiscal evasion with Fiji
The Government of India has announced its tax treaty with the Government of Fiji on 12 August
2014 The tax treaty was signed on 30 January 2014 and will be effective from 1 April 2015
The tax treaty expands the scope of a Permanent Establishment (rdquoPErdquo) by including insurance
PE The tax treaty taxes royalties and fees for technical services at 10 per cent dividend at 5 per
cent and interest at 10 per cent The provisions of the tax treaty do not prevent the contracting
states from applying provisions of the domestic law and measures of tax avoidance or tax
evasion by having clauses on limitation of benefit and exchange of information
India signs first bilateral APA with Japan
On 19 December 2014 the CBDT signed a bilateral Advance Pricing Agreement (ldquoAPArdquo) with a
Japanese company This is Indiarsquos first bilateral APA which has been signed for a period of five
years CBDT announced that this bilateral APA was finalised in one and half years
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
14
Indonesia
AUSTRALIA
CHINA
HONG KONG
INDIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
New Bank Indonesia Regulation Imposes Limitations on Foreign Financing by Indonesian
Companies
On October 28 2014 Bank Indonesia the Indonesian central bank issued BI Regulation No
1620PBI2014 on Prudential Principles in the Management of Offshore Borrowing for Non-Bank
Institutions (ldquoBI Regulation 16rdquo) which imposes significant restrictions on new offshore financing
arrangements entered into by non-banking institutions in Indonesia The new BI Regulation 16
will force Indonesian non-banking corporations to apply prudent fiscal management regarding
foreign debt
The regulation came into effect on 1 January 2015 and requires Indonesian non-banking
borrowers to satisfy certain minimum hedging and liquidity ratios in relation to their external
indebtedness In particular the regulation requires Indonesian companies who borrow from
offshore source to fulfill three prudential criteria
Hedging ratio From 1 January to 31 December 2015 at least 20 percent of the difference
between foreign currency external indebtedness which will be due in the following six
months and foreign currency assets is required to be hedged Commencing from 1 January
2016 the ratio will be increased to 25 percent
Liquidity ratio From 1 January to 31 December 2015 the minimum ratio of foreign currency
assets to external indebtedness which will be due in the following three months is required
to be 50 percent Commencing from 1 January 2016 the ratio will be increased to 70
percent
Credit rating Commencing from 1 January 2016 any non-banking borrowers must have a
minimum BB rating or its equivalent from an authorized ratings agency
Furthermore under the new BI Regulation 16 non-banking institutions in Indonesia will be
required to submit quarterly report to Bank Indonesia detailing their hedging and liquidity ratios
It appears that no criminal or monetary sanctions will be imposed on borrowers or lenders who
contravene the three prudential criteria However Bank Indonesia will begin imposing
administrative sanctions in the form of warning letters to ldquorelated partiesrdquo in the transaction
including the lenders who are providing the non-compliant debt and disclose to other regulators
such as the Capital Markets Supervisory Authority or OJK which could implement wider-ranging
sanctions under the capital markets regulations for non-compliance
The newly published BI Regulation 16 may force Indonesian corporate borrowers to refinance
their external borrowings in order to meet the criteria However there are still uncertainties
surrounding the detail on how these hedging and liquidity ratios will be calculated The new BI
Regulation 16 is also likely to influence policymakers to review any potential debt leveraging
under the current ldquoThin Capitalisationrdquo concept
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
15
Japan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Legislative developments
The ruling coalition (the Liberal Democratic Party and New Komeito) agreed on the lsquoOutline of
the 2015 Tax Reform Proposalsrsquo (ldquoProposalrdquo) on 30 December 2014 We have set out below
brief summaries of the main points of the Proposal
The Proposal itself is only an indicative outline and is unclear with respect to some of the
contemplated changes The details of the tax reform will be unveiled in the bills revising the tax
laws and the succeeding amended tax laws cabinet orders and ministerial ordinances Please
note that the final tax reform could differ from the Proposal depending on the outcome of
discussions in the Diet
Corporate tax rates
Reduction in Effective Corporate Tax Rates
Under the Proposal there will be reductions in the national and local tax rates such that the
effective corporate tax rate should reduce as follows for large sized companies
Current tax law Proposal
Fiscal years beginning
between 1 April 2014
and 31 March 2015
Fiscal years beginning
between 1 April 2015
and 31 March 2016
Fiscal years beginning
on or after 1 April 2016
3462 3211 3133
-
Reduced by 251
compared with
the current tax rate
Reduced by 329
compared with
the current tax rate
The above effective tax rates take into account the tax deductibility of special local
corporation tax and business tax payments and are calculated using the standard tax rates
applied to a company whose stated capital is over JPY100 million
The effective corporate tax rate using Tokyo tax rates applied to a company whose stated
capital is over JPY100 million is currently 3564 percent and the future tax rates will be
available after the business tax rates (income component) for Tokyo are determined in the
range between the standard rates and the maximum tax rates
Size-based Business Tax
Size-based business tax to be levied based on corporate business size not on corporate
incomerevenue as consideration for administration services provided by local governments
was introduced in 2004 Under the 2015 tax reform amendments to size-based business
tax (including increases in tax rates) are proposed in order to make up for lost tax revenues
caused by the reduction of the effective corporate tax rates
Corporate taxation
Tax Loss Carry-forwards
The tax loss carry-forward rules will be amended as below
i Deductible amount of tax losses
The deductible amount of tax losses brought forward will be reduced as follows for
large-sized companies (generally capital over JPY100 million)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
16
Current tax law
Proposal
Fiscal years beginning
between
1 April 2015 and 31 March
2017
Fiscal years beginning on
or after
1 April 2017
Up to 80
of taxable income for
the fiscal year
Up to 65
of taxable income for the
fiscal year
Up to 50
of taxable income for the
fiscal year
ii Tax loss carry-forward period
The tax loss carry-forward period will be extended from 9 years to 10 years As a
result the preservation period for accounting documents the statute of limitations for
corrections by the tax authorities with respect to tax losses and requests for correction
by taxpayers with respect to tax losses will also be extended from 9 years to 10 years
These amendments will be applied to tax losses incurred in fiscal years beginning on or
after 1 April 2017
Dividends Received Deduction
The rules concerning the dividends received deduction are proposed to change as follows
i Excludable ratios for dividends derived from shares
Current tax law
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio 25 or more)
(Dividends received - Interest on debts) x 100
Shares other than the above (Dividends received - Interest on debts) x 50
Proposal
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio more than 13)
(Dividends received - Interest on
debts) x 100
Other shares
(ownership ratio more than 5 but 13 or less)
Dividends received x 50
Non-controlling shares
( ownership ratio 5 or less)
Dividends received x 20
1) The special measure for non-life insurance companies with respect to interest on debts
will be abolished
2) A special measure to enable blue-return filing insurance companies to exclude 40
percent of dividends derived from non-controlling shares from their taxable income will
be introduced
ii Excludable ratios of distribution of profits from investment trusts
Current tax law Proposal
Equity
investment
trusts
(Distribution of profits x 12 (or 14) -
Interest on debts) x 50 0
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
14
Indonesia
AUSTRALIA
CHINA
HONG KONG
INDIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Legislative developments
New Bank Indonesia Regulation Imposes Limitations on Foreign Financing by Indonesian
Companies
On October 28 2014 Bank Indonesia the Indonesian central bank issued BI Regulation No
1620PBI2014 on Prudential Principles in the Management of Offshore Borrowing for Non-Bank
Institutions (ldquoBI Regulation 16rdquo) which imposes significant restrictions on new offshore financing
arrangements entered into by non-banking institutions in Indonesia The new BI Regulation 16
will force Indonesian non-banking corporations to apply prudent fiscal management regarding
foreign debt
The regulation came into effect on 1 January 2015 and requires Indonesian non-banking
borrowers to satisfy certain minimum hedging and liquidity ratios in relation to their external
indebtedness In particular the regulation requires Indonesian companies who borrow from
offshore source to fulfill three prudential criteria
Hedging ratio From 1 January to 31 December 2015 at least 20 percent of the difference
between foreign currency external indebtedness which will be due in the following six
months and foreign currency assets is required to be hedged Commencing from 1 January
2016 the ratio will be increased to 25 percent
Liquidity ratio From 1 January to 31 December 2015 the minimum ratio of foreign currency
assets to external indebtedness which will be due in the following three months is required
to be 50 percent Commencing from 1 January 2016 the ratio will be increased to 70
percent
Credit rating Commencing from 1 January 2016 any non-banking borrowers must have a
minimum BB rating or its equivalent from an authorized ratings agency
Furthermore under the new BI Regulation 16 non-banking institutions in Indonesia will be
required to submit quarterly report to Bank Indonesia detailing their hedging and liquidity ratios
It appears that no criminal or monetary sanctions will be imposed on borrowers or lenders who
contravene the three prudential criteria However Bank Indonesia will begin imposing
administrative sanctions in the form of warning letters to ldquorelated partiesrdquo in the transaction
including the lenders who are providing the non-compliant debt and disclose to other regulators
such as the Capital Markets Supervisory Authority or OJK which could implement wider-ranging
sanctions under the capital markets regulations for non-compliance
The newly published BI Regulation 16 may force Indonesian corporate borrowers to refinance
their external borrowings in order to meet the criteria However there are still uncertainties
surrounding the detail on how these hedging and liquidity ratios will be calculated The new BI
Regulation 16 is also likely to influence policymakers to review any potential debt leveraging
under the current ldquoThin Capitalisationrdquo concept
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
15
Japan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The ruling coalition (the Liberal Democratic Party and New Komeito) agreed on the lsquoOutline of
the 2015 Tax Reform Proposalsrsquo (ldquoProposalrdquo) on 30 December 2014 We have set out below
brief summaries of the main points of the Proposal
The Proposal itself is only an indicative outline and is unclear with respect to some of the
contemplated changes The details of the tax reform will be unveiled in the bills revising the tax
laws and the succeeding amended tax laws cabinet orders and ministerial ordinances Please
note that the final tax reform could differ from the Proposal depending on the outcome of
discussions in the Diet
Corporate tax rates
Reduction in Effective Corporate Tax Rates
Under the Proposal there will be reductions in the national and local tax rates such that the
effective corporate tax rate should reduce as follows for large sized companies
Current tax law Proposal
Fiscal years beginning
between 1 April 2014
and 31 March 2015
Fiscal years beginning
between 1 April 2015
and 31 March 2016
Fiscal years beginning
on or after 1 April 2016
3462 3211 3133
-
Reduced by 251
compared with
the current tax rate
Reduced by 329
compared with
the current tax rate
The above effective tax rates take into account the tax deductibility of special local
corporation tax and business tax payments and are calculated using the standard tax rates
applied to a company whose stated capital is over JPY100 million
The effective corporate tax rate using Tokyo tax rates applied to a company whose stated
capital is over JPY100 million is currently 3564 percent and the future tax rates will be
available after the business tax rates (income component) for Tokyo are determined in the
range between the standard rates and the maximum tax rates
Size-based Business Tax
Size-based business tax to be levied based on corporate business size not on corporate
incomerevenue as consideration for administration services provided by local governments
was introduced in 2004 Under the 2015 tax reform amendments to size-based business
tax (including increases in tax rates) are proposed in order to make up for lost tax revenues
caused by the reduction of the effective corporate tax rates
Corporate taxation
Tax Loss Carry-forwards
The tax loss carry-forward rules will be amended as below
i Deductible amount of tax losses
The deductible amount of tax losses brought forward will be reduced as follows for
large-sized companies (generally capital over JPY100 million)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
16
Current tax law
Proposal
Fiscal years beginning
between
1 April 2015 and 31 March
2017
Fiscal years beginning on
or after
1 April 2017
Up to 80
of taxable income for
the fiscal year
Up to 65
of taxable income for the
fiscal year
Up to 50
of taxable income for the
fiscal year
ii Tax loss carry-forward period
The tax loss carry-forward period will be extended from 9 years to 10 years As a
result the preservation period for accounting documents the statute of limitations for
corrections by the tax authorities with respect to tax losses and requests for correction
by taxpayers with respect to tax losses will also be extended from 9 years to 10 years
These amendments will be applied to tax losses incurred in fiscal years beginning on or
after 1 April 2017
Dividends Received Deduction
The rules concerning the dividends received deduction are proposed to change as follows
i Excludable ratios for dividends derived from shares
Current tax law
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio 25 or more)
(Dividends received - Interest on debts) x 100
Shares other than the above (Dividends received - Interest on debts) x 50
Proposal
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio more than 13)
(Dividends received - Interest on
debts) x 100
Other shares
(ownership ratio more than 5 but 13 or less)
Dividends received x 50
Non-controlling shares
( ownership ratio 5 or less)
Dividends received x 20
1) The special measure for non-life insurance companies with respect to interest on debts
will be abolished
2) A special measure to enable blue-return filing insurance companies to exclude 40
percent of dividends derived from non-controlling shares from their taxable income will
be introduced
ii Excludable ratios of distribution of profits from investment trusts
Current tax law Proposal
Equity
investment
trusts
(Distribution of profits x 12 (or 14) -
Interest on debts) x 50 0
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
15
Japan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The ruling coalition (the Liberal Democratic Party and New Komeito) agreed on the lsquoOutline of
the 2015 Tax Reform Proposalsrsquo (ldquoProposalrdquo) on 30 December 2014 We have set out below
brief summaries of the main points of the Proposal
The Proposal itself is only an indicative outline and is unclear with respect to some of the
contemplated changes The details of the tax reform will be unveiled in the bills revising the tax
laws and the succeeding amended tax laws cabinet orders and ministerial ordinances Please
note that the final tax reform could differ from the Proposal depending on the outcome of
discussions in the Diet
Corporate tax rates
Reduction in Effective Corporate Tax Rates
Under the Proposal there will be reductions in the national and local tax rates such that the
effective corporate tax rate should reduce as follows for large sized companies
Current tax law Proposal
Fiscal years beginning
between 1 April 2014
and 31 March 2015
Fiscal years beginning
between 1 April 2015
and 31 March 2016
Fiscal years beginning
on or after 1 April 2016
3462 3211 3133
-
Reduced by 251
compared with
the current tax rate
Reduced by 329
compared with
the current tax rate
The above effective tax rates take into account the tax deductibility of special local
corporation tax and business tax payments and are calculated using the standard tax rates
applied to a company whose stated capital is over JPY100 million
The effective corporate tax rate using Tokyo tax rates applied to a company whose stated
capital is over JPY100 million is currently 3564 percent and the future tax rates will be
available after the business tax rates (income component) for Tokyo are determined in the
range between the standard rates and the maximum tax rates
Size-based Business Tax
Size-based business tax to be levied based on corporate business size not on corporate
incomerevenue as consideration for administration services provided by local governments
was introduced in 2004 Under the 2015 tax reform amendments to size-based business
tax (including increases in tax rates) are proposed in order to make up for lost tax revenues
caused by the reduction of the effective corporate tax rates
Corporate taxation
Tax Loss Carry-forwards
The tax loss carry-forward rules will be amended as below
i Deductible amount of tax losses
The deductible amount of tax losses brought forward will be reduced as follows for
large-sized companies (generally capital over JPY100 million)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
16
Current tax law
Proposal
Fiscal years beginning
between
1 April 2015 and 31 March
2017
Fiscal years beginning on
or after
1 April 2017
Up to 80
of taxable income for
the fiscal year
Up to 65
of taxable income for the
fiscal year
Up to 50
of taxable income for the
fiscal year
ii Tax loss carry-forward period
The tax loss carry-forward period will be extended from 9 years to 10 years As a
result the preservation period for accounting documents the statute of limitations for
corrections by the tax authorities with respect to tax losses and requests for correction
by taxpayers with respect to tax losses will also be extended from 9 years to 10 years
These amendments will be applied to tax losses incurred in fiscal years beginning on or
after 1 April 2017
Dividends Received Deduction
The rules concerning the dividends received deduction are proposed to change as follows
i Excludable ratios for dividends derived from shares
Current tax law
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio 25 or more)
(Dividends received - Interest on debts) x 100
Shares other than the above (Dividends received - Interest on debts) x 50
Proposal
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio more than 13)
(Dividends received - Interest on
debts) x 100
Other shares
(ownership ratio more than 5 but 13 or less)
Dividends received x 50
Non-controlling shares
( ownership ratio 5 or less)
Dividends received x 20
1) The special measure for non-life insurance companies with respect to interest on debts
will be abolished
2) A special measure to enable blue-return filing insurance companies to exclude 40
percent of dividends derived from non-controlling shares from their taxable income will
be introduced
ii Excludable ratios of distribution of profits from investment trusts
Current tax law Proposal
Equity
investment
trusts
(Distribution of profits x 12 (or 14) -
Interest on debts) x 50 0
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
16
Current tax law
Proposal
Fiscal years beginning
between
1 April 2015 and 31 March
2017
Fiscal years beginning on
or after
1 April 2017
Up to 80
of taxable income for
the fiscal year
Up to 65
of taxable income for the
fiscal year
Up to 50
of taxable income for the
fiscal year
ii Tax loss carry-forward period
The tax loss carry-forward period will be extended from 9 years to 10 years As a
result the preservation period for accounting documents the statute of limitations for
corrections by the tax authorities with respect to tax losses and requests for correction
by taxpayers with respect to tax losses will also be extended from 9 years to 10 years
These amendments will be applied to tax losses incurred in fiscal years beginning on or
after 1 April 2017
Dividends Received Deduction
The rules concerning the dividends received deduction are proposed to change as follows
i Excludable ratios for dividends derived from shares
Current tax law
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio 25 or more)
(Dividends received - Interest on debts) x 100
Shares other than the above (Dividends received - Interest on debts) x 50
Proposal
Category of shares Excludable ratios
Shares in 100 percent subsidiaries
(ownership ratio 100)
Dividends received x 100
Shares in related companies
(ownership ratio more than 13)
(Dividends received - Interest on
debts) x 100
Other shares
(ownership ratio more than 5 but 13 or less)
Dividends received x 50
Non-controlling shares
( ownership ratio 5 or less)
Dividends received x 20
1) The special measure for non-life insurance companies with respect to interest on debts
will be abolished
2) A special measure to enable blue-return filing insurance companies to exclude 40
percent of dividends derived from non-controlling shares from their taxable income will
be introduced
ii Excludable ratios of distribution of profits from investment trusts
Current tax law Proposal
Equity
investment
trusts
(Distribution of profits x 12 (or 14) -
Interest on debts) x 50 0
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
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Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
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Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
17
ETFs (Distribution of profits
- Interest on debts) x 50
Distribution of profits x
20
International taxation
Foreign Dividend Exclusion (ldquoFDErdquo)
The following amendments are proposed for the Foreign Dividend Exclusion (ldquoFDErdquo)
system as a response to the recommendation of lsquoAction 2 - Neutralising the Effects of
Hybrid Mismatch Arrangementrsquo included in the first deliverables released in September 2014
under the OECDG20 Base Erosion and Profit Shifting (ldquoBEPSrdquo) Project
Current tax law
i Where a Japanese company receives dividends from its foreign subsidiary (a foreign
company 25 percent or more of whose shares are held by the Japanese company for
at least 6 months) 95 percent of the dividends are exempt
ii The National Tax Agency has clarified in its QampA that even when dividends paid by a
foreign subsidiary are deductible in the country where the foreign subsidiary is located
(eg preference dividends from Redeemable Preference Shares (ldquoRPSrdquo) in Australia
and interest on capital (ldquoIOCrdquo) in Brazil) 95 percent of the dividends are also exempt in
Japan
iii Foreign withholding taxes on dividends to which FDE is applied are not deductible
Moreover foreign withholding taxes on dividends from foreign subsidiaries are not
creditable regardless of whether the FDE is applied to the dividends
Proposal
i When a Japanese company receives dividends from its foreign subsidiary and the
whole amount or part of the dividends is deductible in the country where the head
office of the foreign subsidiary is located FDE will not be applied to the dividends
ii When part of dividends paid by a foreign company is deducted in the country of the
foreign company it is allowed to exclude only such part from dividends subject to the
FDE (Attaching details to a final tax return and preserving certain documents are
required)
iii Foreign withholding taxes on dividends from foreign subsidiaries to which the FDE is
not applied by virtue of the above amendments will be creditable
The above amendments will be applied to dividends from foreign subsidiaries in fiscal years
of a Japanese company beginning on or after 1 April 2016
Note that the current treatment will be retained if dividends are derived from shares held as
of 1 April 2016 and are received from foreign subsidiaries in fiscal years of a Japanese
company beginning from 1 April 2016 to 31 March 31 2018
Consumption tax
Consumption Tax Rate Increase
In line with the statement made by Prime Minister Shinzo Abe in November 2014 that an
increase in the consumption tax rate to 10 percent should be postponed by 18 months from
October 2015 (stipulated in the law) to April 2017 the Proposal confirms the following
i The consumption tax rate will be raised to 10 percent on 1 April 2017
ii An lsquoescape clausersquo included in the Joint Reform of Social Security and Tax Systems
Law that stipulates that the increases in the consumption tax rate should be
determined based on the comprehensive consideration of the economic environment
will be deleted
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
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Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
18
Korea
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Capital gains tax on certain derivatives transactions
After series of discussions and proposals for taxing derivatives transactions in recent years a bill
to impose capital gains tax on derivatives transactions has been passed by the National
Assembly and the relevant amendment to the individual income tax law was enacted in
December 2014
In recent years two alternative proposals for taxing derivatives have been discussed in the
National Assembly namely 1) imposition of the securities transaction tax (ldquoSTTrdquo) on the
transaction value of derivatives transactions and 2) application of capital gains tax (ldquoCGTrdquo) to
gains from derivatives transactions The STT proposal was introduced in the National Assembly
by the administration in September 2012 but ultimately was not enacted
Although further developments in the legislation remain to be seen the derivatives subject to
the CGT include KOSPI 200 Forward KOSPI 200 Options and the derivatives traded on an
exchange market overseas
CGT will be imposed at 20 and this amendment will be effective for the derivatives
transactions entered into on or after 1 January 2016
Change to the scope of VAT exempt financial services
Contrary to the previous Enforcement Decree of VAT Law where general financial and insurance
services were exempt from being subject to VAT for service contracts made on or after 1 July
2015 financial and insurance services that are not considered as traditional financial and
insurance services will be subject to VAT The new amendment provides examples of these
ldquonon-traditionalrdquo financial and insurance services as follows
safe deposit of securities certificate pursuant to banking law
money trust and investment services that are invested in real estate and real assets
investment advisory and
insurance actuary and pension actuary
The current VAT rate is 10
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
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Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
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Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
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Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
19
Malaysia
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Finance (No 2) Act 2014
The Finance (No 2) Act 2014 was published on 30 December 2014 and some of the key
changes are as follows
Corporate Income Tax Rate
The corporate income tax rate is reduced by 1 to 24
For small and medium enterprises resident and incorporated in Malaysia and limited liability
partnerships the tax rate for chargeable income of up to RM500000 is reduced by 1 to
19 The remaining chargeable income is subjected to tax at a rate of 24
The above changes are effective from YA 2016
Tax Treatment for Insurance Business
i Cost of Acquiring and Realizing Investments or Rights
Effective from YA 2015 the cost of acquiring and realizing any investments or rights
which is deductible for the life fund shareholdersrsquo fund or general business shall
include expenses incurred in managing those investments or rights (computed using a
specified formula)
Tax Treatment for Takaful Business
i Tax Deduction for Commission Payable Discount Allowed and Management Expenses
Tax deduction on commission payable discount allowed and management expenses is
given as follows
1) For general fund the above expenses are only tax deductible for the Takaful
operator operating under the mudharabah model and
2) For shareholdersrsquo fund the above expenses are only tax deductible for the Takaful
operator operating under the wakalah model
ii Wakalah Fees
Wakalah fees received by the shareholdersrsquo fund from the family fund are not subject
to tax Commission and management expenses incurred by shareholdersrsquo fund in
connection with the family fund are not tax deductible
iii Set Off for Tax Charged on Actuarial Surplus
Actuarial surplus transferred from the family fund of a Takaful operator to the
shareholdersrsquo fund is subject to tax To avoid double taxation any amount of tax
charged on that portion of the actuarial surplus (determined based on the prescribed
formula) shall be allowed to offset against the tax charged on the chargeable income of
the Takaful operator in respect of its shareholdersrsquo fund from the family business
iv Cost of Acquiring and Realizing Investments or Rights
The cost of acquiring and realizing any investments or rights which is deductible for the
family fund general fund or shareholdersrsquo fund shall include expenses incurred in
managing those investments or rights (computed using a specified formula)
The above changes are effective from YA 2015
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
Back to top
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
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Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
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Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
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Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
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Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
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Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
20
Tax Treatment for Life Insurer or Takaful Operator
i Adjusted Loss from the Investment in Respect of Deferred Annuity
With effect from 30 December 2014 any adjusted losses from the investment in
respect of an approved deferred annuity scheme (which the income is tax exempt)
cannot be set off against the statutory income of the life insurance fund or family fund
Payment of Tax by Instalments
Effective from 1 January 2015 the due date for monthly tax instalments is revised from the
10th day of each calendar month to the 15th day of each calendar month
Time Bar For Raising Income Tax Assessments
With effect from 30 December 2014 the time limit for the Director General of the Inland
Revenue (ldquoDGIRrdquo) to raise an income tax assessment or additional assessment has
increased to 7 years for transfer pricing adjustments
Right of Appeal Against Deemed Assessments Extended to Include DGIRrsquos Practices
Currently a taxpayer can only make an official appeal against a deemed assessment for the
tax return filed under the self-assessment system where the taxpayer disagrees with the tax
treatment indicated in a Public Ruling With effect from 30 December 2014 the right of
appeal is extended to include situations where the taxpayer is aggrieved by any practice of
the DGIR generally prevailing at the time the assessment is made
Income Tax (Deduction for Cost Relating to Training for Employees for the
Implementation of GST) Rules 2014
The Rules allow an additional deduction of 100 of the expenditure incurred by a qualifying
person in training its employees under an accounting or information and communication
technology training programme which is conducted in Malaysia for the purposes of the
implementation of the Goods and Services Tax (ldquoGSTrdquo) Act 2014 The Rules have been verified
by the Director General of Customs and Excise
The Rules are effective for YA 2014 and YA 2015
Income Tax (Deduction for Expenses in Relation to Secretarial Fee and Tax Filing Fee)
Rules 2014
The Rules allow
(a) a deduction of 100 (up to RM5000) of the secretarial fee charged in respect of secretarial
services provided by a company secretary registered under the Companies Act 1965 to
comply with the statutory requirements under the Companies Act 1965
(b) a deduction of 100 (up to RM10000) of the tax filing fee charged by a tax agent approved
under the Income Tax Act 1967 or the Goods and Services Act 2014 for the preparation and
submission of return in the prescribed form
The Rules are effective from YA 2015 for item (a) and YA 2016 for item (b) above
GST Regulations and Orders
Following the publication of the GST Act 2014 and GST Tax Regulations 2014 in gazette the
following legislations among others have been issued
Goods and Services Tax (Exempt Supply) Order 2014
Goods and Services Tax (Zero-Rated Supply) Order 2014
Goods and Services Tax (Relief) Order 2014
Taxation rulings and determinations
Public rulings
The Malaysian Inland Revenue Board (ldquoMIRBrdquo) has issued the following Public Rulings
Public Ruling 62014 Taxation of Foreign Fund Management Company
This Ruling explains the tax treatment of income received by a foreign fund management
company that provides fund management services to foreign and local investors
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
21
Public Ruling 72014 Unit Trust Funds Part II - Taxation of Unit Trusts
This Ruling explains the taxation of unit trust funds and property trusts other than a real
estate investment trust or property trust fund regulated by the Securities Commission
This Public Ruling replaces Public Ruling 62013 Unit Trust Funds Part II - Taxation of Unit
Trusts
Public Ruling 82014 Basis Period of a Company Limited Liability Partnership Trust Body
and Co-Operative Society
This Ruling explains the determination of the basis period for a company a limited liability
partnership a trust body and a co-operative society
This Public Ruling replaces Public Ruling 52001 Basis Period for a Business Source (Co-
operatives) and 72001 Basis Period for Business amp Non-Business Sources (Companies)
Public Ruling 92014 Private Retirement Scheme
This Ruling is to clarify the tax treatment of private retirement scheme (PRS) contributions
by an individual and the employer as well as income of the PRS fund
Public Ruling 102014 Special Allowances for Small Value Assets
This Ruling explains the special allowances accorded to small value assets
This Public Ruling replaces Public Ruling 12008 Special Allowances for Small Value Assets
Public Ruling 122014 Qualifying Plant and Machinery for Claiming Capital Allowances
This Ruling explains whether an asset is a qualifying plant and machinery for the purpose of
claiming capital allowances in determining the statutory income from a business
This Public Ruling replaces Public Ruling 22001 Computation of Initial and Annual
Allowances in Respect of Plant amp Machinery
The full text of the Public Rulings is available at httpwwwhasilgovmy
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
22
Mauritius
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
The annual Budget is normally delivered in November each year However due to the General
Elections in Mauritius in December 2014 the Budget was postponed until March 2015
Cases
The Supreme Court of Mauritius heard an appeal relating to the taxpayers who have incurred
capital expenditure which has generated both taxable and exempt income
The appellant taxpayer is a sugar producing company It claimed capital allowances on
capital expenditure incurred in course of its business on the basis that the expenditure was
incurred to produce taxable income In accordance with Section 26(3) of the Income Tax
Act a proportion of expenditure or loss relating to exempt income has to be disallowed
The point of issue was whether ldquoexpenditure or lossrdquo includes annual allowances
Section 24 provides that taxpayer shall be allowed a deduction for capital expenditure
incurred by way of annual allowances to the extent that it has generated taxable income
In the present case the taxpayer has incurred both taxable and exempt income Accordingly
when applying Section 26(3) in disallowing part of expenditure incurred in production of
exempt income expenditure or loss should include annual allowances consequently
disallowing part of annual allowances as specified under section 24(3)
The Assessment Revenue Committee (ldquoARCrdquo) recently dealt with a case involving a
Category 1 Global Business Licence (ldquoGBC 1rdquo) engaged in the activity of investment
holding
The taxpayer is a company holding a GBC 1 license in Mauritius It engaged in the
investment holding and its revenue consists of dividend and interest income In addition
the company realises gains or losses upon disposal of its investment
The taxpayer treated profit on disposal of investments as capital gain not subject to tax and
claimed as deductions fees paid to custodians and sub-custodians for the holding of
investments
The Mauritius Revenue Authority (ldquoMRArdquo) considers that the total amount of expenses
incurred to produce both taxable and non-taxable income cannot be wholly claimed as
deductions and therefore applied a formula to allow only expenditure which relates to the
taxable income
The ARC found that it should not intervene in the assessment as once the MRA found that
part of the expenditure claimed did not exclusively produce taxable income (ie it produced
exempt income or gains of a capital nature) the Director General was fully entitled to make
an assessment and to disallow parts of the expenditure claimed
Taxation rulings and determinations
Tax Ruling 146 (TR 146)
In compliance with the Second Schedule to the Income Tax Act (ldquoITArdquo) it was held that interest
paid to a non-resident not carrying on any business in Mauritius by a GBC 1 is exempt from tax in
Mauritius
Tax Ruling 148 (TR 148)
The Ruling clarified that profit realized by a company incorporated in Mauritius as a result of a
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
23
share buy-back and the liquidation of a foreign investee company is not subject to income tax
The investee companies in this case did not have any retained earnings available It should be
noted that dividends distributed from retained earnings received from outside Mauritius are
subject to income tax
Tax Ruling 151 (TR 151)
A GBC 1 received a grant from a charitable foundation incorporated in Netherlands The grant
was a significant source of the initial capital for the GBC 1 which used the funds for acquisition
of shares of a company in Kenya and for providing a loan to the Kenyan company
It was decided that the grant funding is a capital receipt and would not be included in the gross
income of the GBC 1 by virtue of section 51 of the ITA and hence would not be taxable in
Mauritius
TR 151 further clarified that the GBC 1 would be subject to income tax on dividends interest and
royalty income
Other developments
Mauritius ndash Congo Double Taxation Avoidance Agreement (DTAA)
DTAA between the Republic of Mauritius and the Republic of Congo was ratified by the
President of the Republic of Congo on 1 August 2014 and took effect as from 1 January 2015
The maximum tax rates applicable in the State of Source are as follows
Dividend 0 and 5
Interest 5
Royalty Exempt
Capital gains on sale of shares Taxing right to Resident State
0 rate shall apply if beneficial ownership is at least 25 whereas 5 shall apply in all other
cases
Mauritius ndash Rwanda DTAA
A new DTAA between the Republic of Mauritius and the Republic of Rwanda was signed on 20
April 2013 The new DTAA replaces the previous Mauritius and Rwanda 2001 DTAA and entered
into force on 4 August 2014 The provisions of the new DTA shall be deemed to apply as
follows
in Rwanda in respect of any income year beginning on or after 1 January 2013 and
in Mauritius in respect of any period beginning on or after 1 July 2013
The key changes brought by the new DTAA are summarized below
Article Previous 2001 DTAA New DTAA
Dividend Exempt 10
Interest Exempt 10
Royalty Exempt 10
Management or
professional fees
Not covered 12
Capital gains on sale
of shares
Taxing right to Resident
State
Taxing right to Resident
State
FATCA
A working group has been set up to assist MRA to finalise guideline notes on FATCA KPMG
have been invited to be part of the working group
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
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Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
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Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
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erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
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+82 2 2112 0919
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Wasoudeo Balloo
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Paul Dunne
+64 9367 5991
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Herminigildo Murakami
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Hong Beng Tay
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premilapererakpmgcom
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Stephen Hsu
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Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
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The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
24
NEW SUBSTANCE REQUIREMENT FOR GBC 1
From 1 January 2015 for a GBC 1 to be eligible to apply for a tax residency certificate (ldquoTRCrdquo)
the Regulator will consider one of the following additional criteria in establishing whether a
company has its place of management and control in Mauritius
Having office premises in Mauritius
Employing full time staff at administrativetechnical level who is resident in Mauritius
Having a clause in its constitution whereby all disputes shall be resolved by way of
arbitration in Mauritius
Shares are listed on a securities exchange licensed by the Financial Services Commission
(ldquoFSCrdquo)
Having assets (excluding cash held in bank account or sharesinterests in another entity
holding a GBC licence) worth at least USD100000 in Mauritius or
Having yearly expenditure in Mauritius which can be reasonably expected from any similar
entity in Mauritius
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International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
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Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
25
New Zealand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014
In December 2014 the Government introduced the Taxation (KiwiSaver Homestart and Remedial
Matters) Bill The Bill once enacted will allow first home buyers who are enrolled in a KiwiSaver
superannuation savings scheme to access government tax credits (in addition to the employer
and employee contributions into the scheme)
OECD BEPS action plan - New Zealand progress update
In November 2014 the New Zealand Government released reports outlining Officialsrsquo preliminary
views on the Organisation for Economic Co-operation and Development (ldquoOECDrdquo) Base Erosion
and Profit Shifting Action Plan (ldquoBEPSrdquo) work and possible timeframes for consideration of and
consultation on domestic (NZ) law changes to address some of the BEPS concerns
The reports provide some interesting insights into the domestic issues which are concerning
New Zealand Officials These include use of Australian limited partnerships which can give rise
to double deduction concerns and lsquodeficienciesrsquo in New Zealandrsquos foreign trust regime For
financial institutions the focus on interest related tax issues such as high priced related party
debt thin capitalisation limits and ldquodeficienciesrdquo in New Zealandrsquos non-resident withholding tax
rules should be particularly noted
Consultation on these and various tax administrative changes (including requiring larger
taxpayers to file income tax returns earlier so that their tax affairs can be analysed and issues
identified earlier) are expected in mid to late 2015
This is said to allow alignment with the OECDrsquos final recommendations KPMG in New Zealand
considers that this is an ambitious time frame While there may be early consensus regarding
the need for change each country delivering on the legislative and changes necessary for
implementation is much less certain New Zealand will risk being ahead of the curve to its
detriment if it implements change too early in our view
Cases
CIR v John Curtis Developments Limited (2014) NZHC 3034
The case involved the sale of a partially completed retail development with an option for the
vendor to complete the rest of the development The vendor received development payments
which it treated as capital receipts which the Commissioner of Inland Revenue (ldquoCIRrdquo)
challenged While the taxpayer was successful in the Taxation Review Authority (ldquoTRArdquo)
tribunal the CIR successfully appealed to the High Court The Court however declined to uphold
the CIRrsquos imposition of shortfall penalties for taking an unacceptable tax position It considered
the taxpayerrsquos success in the TRA suggested the taxpayerrsquos position was one a reasonable mind
might adopt
Michael William Diamond v CIR (2014) NZHC 1935
The High Court overturned a TRA decision that a contractor (Mr Diamond) working overseas was
New Zealand tax resident The Court significantly read down the TRArsquos view that a New Zealand
rental property owned by Mr Diamon but which he had never lived in gave rise to a Permanent
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
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copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
26
Place of Abode in New Zealand for tax residence purposes
Vector Limited v CIR (2014) NZHC 2069
Vector Limited (a New Zealand electricity distributor) derived payments for the grant of
easementslicences to Transpower (New Zealandrsquos electricity network operator) for access to
Vectorrsquos Auckland underground transmission corridors The land rights granted resulted in
payments to Vector which it initially treated as taxable but then sought to adjust as non-taxable
capital payments The CIR challenged the adjustments in the High Court
The issues considered by the Court were whether the payments were taxable as lsquoother
revenuesrsquo derived from a lsquolease licence or easement affecting the landrsquo The Court held that
while the payments were derived from easementslicences affecting land the relevant amounts
were not taxable as lsquoother revenuesrsquo does not include capital payments The Court considered
that
The ordinary meaning of the term lsquorevenuersquo is income and therefore the term lsquoother
revenuesrsquo cannot be interpreted so liberally as to capture receipts of a capital nature
If Parliament intended to include capital payments as taxable a specific reference to the
payment would have been made in the tax law (such as in the case of premiums or site
goodwill payments)
The payments were of a lsquoonce and for all naturersquo (ie not a recurrent payment) and they
were not derived as part of Vectorrsquos income earning process
Taxation rulings and determinations
QB 1412 Income tax ndash foreign tax credits for amounts withheld from UK pension
The Inland Revenue has concluded that a person cannot claim a foreign tax credit in New Zealand
for any amounts withheld in the UK on their UK pension payments as the withholding is not
ldquoforeign income taxrdquo due to the operation of the NZ-UK Double Tax Agreement (ldquoDTArdquo) (That
is the DTA does not allow the UK to tax pension payments to NZ tax residents)
This has wider implications for the ability to claim an offset against New Zealand tax liabilities
where foreign tax is prima facie deducted but the DTA provides for relief Inland Revenue has
indicated that the issue of foreign tax credits generally is on its work programme for further
public announcements
QB 1411 Income tax ndash scenarios on tax avoidance
This Inland Revenue item considers the application of New Zealandrsquos general anti-avoidance
provision to three scenarios The scenarios concern availability of interest deductions the
utilisation of New Zealandrsquos ldquolook-through companyrdquo tax regime and the application of the
ldquosubstituting debenturerdquo anti-avoidance rule
A fourth scenario involving shareholder debt capitalisations was consulted on but omitted from
the finalised statement as this is subject to further consideration KPMG New Zealandrsquos
commentary on QB1411 is available at
httpwwwkpmgcomNZenIssuesAndInsightsArticlesPublicationsTaxmailDocumentstaxmail-
Oct2014-IRD-Final-View-Tax-Avoidance-Scenariospdf
Other developments
NZ Inland Revenuersquos 2015 Compliance Focus
The 2015 version was released in late November 2014 and outlines Inland Revenuersquos key focus
areas for enforcement activity These include the tax affairs of high net worth taxpayers tax
structuring involving trusts and various issues in the property charitable and government
sectors
As in previous years Inland Revenue has emphasised the need for taxpayers to get the basics
right ndash ie filing and paying income tax on time understanding their obligations as an employer
(Pay-As-You-Earn and Fringe Benefit Tax obligations) and complying with Goods and services Tax
(ldquoGSTrdquo)
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
27
You can read more about the New Zealand progress update on BEPS and the 2015 Inland
Revenue compliance focus document here
FATCA and automatic exchange of information
New Zealand has signed an inter-governmental agreement (ldquoIGArdquo) with the United States to
implement Foreign Account Tax Compliance Act (ldquoFATCArdquo) requirements for New Zealand
financial institutions This came into effect from 1 July 2014 The first FATCA reporting period
for NZ financial institutions ends on 31 March 2015
In October 2014 the Government announced that New Zealand would also adopt the OECDrsquos
automatic exchange of information (ldquoAEOIrdquo) proposal which effectively extends FATCA-type
information sharing to other countries New Zealand will begin exchanging information with
other tax jurisdictions on a voluntary basis from 2018 with mandatory reporting to commence in
2019
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
28
Philippines
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Cases
The Hongkong and Shanghai Banking Corporation Limited-Philippine Branches (ldquoHSBCrdquo)
vs Commissioner of Internal Revenue (GR Nos 166018 and 167728 04 June 2014)
The Supreme Court ruled that electronic messages ldquocannot be considered negotiable
instruments as they lack the feature of negotiability which is the ability to be transferredrdquo and
that the said electronic messages are ldquomere memorandardquo of the transaction consisting of the
ldquoactual debiting of the [investor-client] payorrsquos local or foreign currency account in the
Philippinesrdquo and ldquoentered as such in the books of account of the local bankrdquo
Thus SWIFT or Society for Worldwide Interbank Financial Telecommunication messages of
HSBCrsquos investor-clients containing instructions to debit their respective local or foreign currency
accounts in the Philippines and pay a certain named recipient also residing in the Philippines is
not the transaction contemplated under Section 181 of the Tax Code which imposes
Documentary Stamp Tax (ldquoDSTrdquo) on the acceptance or payment of bills of exchange or order for
the payment of money purporting to be drawn in a foreign country but payable in the Philippines
This is because such electronic instructions are ldquoparallel to an automatic bank transfer of local
funds from a savings account to a checking account maintained by a depositor in one bankrdquo
Further the said instructions given through electronic messages are not negotiable instruments
as they do not comply with the requisites of negotiability under the negotiable instruments law
The electronic messages are not signed by the investor-clients as supposed drawers of a bill of
exchange they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients and they
are not payable to order or bearer but to a specifically designated third party Thus the
electronic messages are not the bills of exchange under the Negotiable Instruments Law As
there was no bill of exchange or order for the payment drawn abroad and made payable here in
the Philippines there could have been no acceptance or payment that will trigger the imposition
of the DST under Section 181 of the Tax Code
Taxation rulings and determinations
Revenue Regulations (ldquoRRrdquo) No 6-2014 dated 05 September 2014
DOF issued RR No 6- 2014 which prescribes the mandatory use of electronic Bureau of Internal
Revenue Forms (ldquoeBIRFormsrdquo) in the filing of all tax returns by Non-Electronic Filing and
Payment System (ldquonon-eFPSrdquo) filers
The eBIRForms refer to the following two types of electronic services (ldquoe-Servicesrdquo) provided by
the BIR relative to the preparation and submission of tax returns
Offline eBIRForms Package ndash is a software that allows the taxpayer and Accredited Tax
Agents (ldquoATArdquo) prepare tax forms offline and
Online eBIRForms System ndash is a filing infrastructure that accepts tax returns submitted
online and automatically computes penalties for tax returns submitted beyond due date
The eBIRForms cover thirty-six BIR Forms comprised of Income Tax Returns Excise Tax Forms
VAT Forms Withholding Tax Forms Documentary Stamp Tax Forms Percentage Tax Forms
One-Time Transaction (ldquoONETTrdquo) Forms and Payment Form The complete list of BIR Forms is
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
29
provided for in RR No 6-2014
The following non-eFPS filers are covered by the RR
ATAPractitioners and all its client-taxpayers
Accredited Printers of Principal and Supplementary ReceiptsInvoices
ONETT taxpayers
Those who shall file a ldquoNo Paymentrdquo Return (ie a tax return that is not accompanied by
any payment where the same is filed with any authorized BIR receiving office)
Government-Owned or Controlled Corporations (ldquoGOCCsrdquo)
Local Government Units (ldquoLGUsrdquo) except barangays and
Cooperatives registered with National Electrification Administration (NEA) and Local Water
Utilities Administration (ldquoLWUArdquo)
The eBIRForms should be available to all non-eFPS filers with or without internet access
Taxpayers with internet access can download the eBIRForms Package from the BIR website
wwwbirgovph while taxpayers without internet can download the eBIRForms Package from
the BIR e-lounges
It is mandatory for Non-eFPS filers specifically ATAPractitioners Accredited Printers of Principal
and Supplementary ReceiptsInvoices and ONETT taxpayers to use the eBIRForms in filing all of
their tax returns They may opt to submit their tax returns manually using the Offline eBIRForms
Package at their respective Revenue District Offices or electronically through the use of the
Online eBIRForms System
The ATAs who are preparing and filing tax returns on behalf of their clients are likewise required
to use the eBIRForms
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
30
Singapore
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SRI LANKA
TAIWAN
THAILAND
VIETNAM
Back to top
Taxation rulings and determinations
Foreign Account Tax Compliance Act (ldquoFATCArdquo)
The Ministry of Finance (ldquoMOFrdquo) Monetary Authority of Singapore (ldquoMASrdquo) and the Inland
Revenue Authority of Singapore (ldquoIRASrdquo) carried out a public consultation from 22 September
2014 to 17 October 2014 in relation to proposed regulations to help financial institutions in
Singapore to comply with the US Foreign Account Tax Compliance Act (ldquoFATCArdquo) FATCA
which was enacted by the US Congress in 2010 and took effect on 1 July 2014 is intended to
ensure that the US Internal Revenue Service (ldquoIRSrdquo) obtains information on financial accounts of
US persons held by foreign financial institutions (ldquoFFIsrdquo) Failure by an FFI to disclose
information on their US clients will result in a requirement to withhold 30 percent tax on
payments of US-sourced income
The public consultation was in relation to
the draft Income Tax (International Tax Compliance Agreements) (United States of America)
Regulations 2014 which sets out the due diligence and reporting obligations of Singapore-
based financial institutions in relation to the FATCA Intergovernmental Agreement (ldquoIGArdquo)
and
a draft FATCA e-Tax Guide which provides further explanation of those obligations
Responses to the public consultation are expected to be published on MOFs website early in
2015
FATCA IGA
Singapore and the US signed a FATCA Model 1 IGA on 9 December 2014 following its
initialling in May 2014 The IGA will help ease the FATCA compliance burden of Singapore-
based FIs (ldquoSGFIsrdquo)
Registration
SGFIs can now register at the FATCA Registration Portal as a Registered Deemed-
Compliant Financial Institution (Including a Reporting Financial Institution under a Model 1
IGA)
Goods and Services Tax (ldquoGSTrdquo) remission for qualifying funds
The GST remission scheme allows qualifying funds to recover GST incurred on all expenses
(except disallowed expenses under the GST Regulations 26 and 27) from 22 January 2009 to 31
March 2019 based on a fixed recovery rate without requiring the funds to register for GST
The fixed recovery rate for expenses incurred during the period from 1 January 2015 to 31
December 2015 is 88
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
31
Sri Lanka
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
TAIWAN
THAILAND
VIETNAM
Back to top
Legislative developments
Budget 2015
Profits and income earned by Unit Trusts from investments made on or after 1 January 2015
in US dollar deposits US dollar securities listed in any foreign stock exchange will be exempt
from Income Tax Such income is currently taxed at 10
Interest income from investments made after 1January 2015 in corporate debt Securities
issued by Urban Development Authority is to be made exempt from Income Tax
Taxation rulings and determinations
Value Added Tax (ldquoVATrdquo)
The present rate of 12 will be reduced to 11
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
32
Taiwan
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
THAILAND
VIETNAM
Back to top
Legislative developments
Amendment to the Capital gains tax regime for local individual investors on securities
transaction
Article 14-2 of the Income Tax Act was recently amended The article addresses the taxation of
capital gains from securities transactions
Pre-amendment of Article 14-2 starting from 2015 and onward for capital gains derived by local
individual shareholder sale of listed shares OTC shares and emerging shares of NT$1 billion or
more within a given year are taxed using the actual basis However only the portion which
exceeds the NT$1 billion threshold will be subject to tax
The amendment delays the implementation of the new regime for local individuals on capital
gains realized from the sale of listed shares OTC shares and emerging shares which exceeds the
NT$1 billion volume limit from 2015 to 2018
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
33
Thailand
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
VIETNAM
Back to top
Legislative developments
Corporate Income Tax
The Royal Decree No 577 issued on 10 November 2014 confirmed that the reduced corporate
income tax rate of 20 will continue to apply for FY15
Personal Income Tax
The Royal Decree No 576 issued on 10 November 2014 confirmed that the personal income
tax rates for FY15 remain unchanged
Tax Refund
Section 63 of the Thai Revenue Code allows a taxpayer to claim a refund where the taxpayer
received income that was subject to withholding tax (ldquoWHTrdquo) and that tax exceeded the amount
that should have been withheld
Section 63 was amended with the effect from 10 November 2014 to allow such refund claim to
be filed within three years from the due date of the filing of the tax return in which the relevant
income was declared Previously the timeframe for filing the refund claim was three years from
the end of the year in which the income was earned
Property and Land Tax
The Draft Bill introduced new property tax rates The property tax rates will be determined by
the official committees subject to the following ceilings
05 for the normal rate (eg applicable to commercial property)
01 for residential use
005 for land and agriculture use
Vacant land that is not being used for any propose will be subject to the 05 tax rate in the first
three years The tax rate will double every three years but will be capped at the maximum rate
of 2 The tax base used in determining the property tax liability is an appraisal value of the land
or building The property tax applies to owners of land and buildings and possessors of public
land and buildings
Taxation rulings and determinations
Internet Filing
The Thai Revenue Department extended the deadline for filing of tax returns electronically by 8
calendar days for tax returns due between 1 February 2015 and 31 January 2016
The tax returns covered under this extension are personal income tax returns corporate income
tax returns WHT returns Value Added Tax (ldquoVATrdquo) returns and Specific Business Tax (ldquoSBTrdquo)
returns This includes the original and amended returns
The recently released Draft Bill on Land and Buildings Tax has been approved by the Office of
the Council of State but has not yet been enacted
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
34
VAT Invoice Requirement
The Director-General of Revenue Department has recently issued Notifications No 196 and 199
setting out the requirements for a tax invoice debit note credit note and output VAT report
issued by a VAT registrant Broadly the details that must be provided include the tax ID of a
customer (if registered for VAT) the place of business of the supplier and the place of business
of the customer (as to whether it is a branch or a head office)
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
35
Vietnam
AUSTRALIA
CHINA
HONG KONG
INDIA
INDONESIA
JAPAN
KOREA
MALAYSIA
MAURITIUS
NEW ZEALAND
PHILIPPINES
SINGAPORE
SRI LANKA
TAIWAN
THAILAND
Back to top
Legislative developments
Key changes on the Law No 712014QH13 amending and supplementing a number of
articles of current Tax laws which took effect from 1 January 2015
Under the new Law some notable points are highlighted as follows
Removal of the 15 capped on the ldquoAdvertisement and Promotionrdquo expenses in which all
legitimate AampP are now fully deductible
The reinstate of the standard rate for late interest payment to 005day regardless of the
number of late payment days instead of 007day from the 91st days onwards under
previous regulation and
In cases where revenue expenses and taxable price are in foreign currencies or the
taxpayer is obliged to pay tax liabilities in foreign currencies but allowed by authorities to pay
in Vietnam Dong (ldquoVNDrdquo) the amount in foreign currencies must be converted into VND of
the actual exchange rate at the time of occurrence (instead of the interbank exchange rate
stipulated by the State Bank of Vietnam as previously)
Tax exemption for income from government bonds issued to international market in 2014
On 1 November 2014 Government issued Resolution No 78NQ-CP which provides that
income from government bonds issued to international market in 2014 shall be exempted from
Personal Income Tax and Corporate Income Tax in Vietnam The Ministry of Finance will include
this content into the Prospectus and documents to be provided to investors
Foreign exchange control for foreign direct investment in Vietnam
State Bank of Vietnam (ldquoSBVrdquo) issued Circular 192014TT-NHNN on 11 August 2014 providing
guidance on foreign exchange control for Foreign Direct Investment (ldquoFDIrdquo) in Vietnam which
takes effect from 22 September 2014 Some notable points are as follows
Currency for capital contribution
Vietnamese investors who would like to invest in foreign invested enterprises (ldquoFIEsrdquo) are
allowed to make capital contribution in foreign currency from their own legitimate sources
Direct Investment Capital Account (ldquoDICArdquo)
To carry out FDI activities in Vietnam FIEs andor foreign investors participating in Business
Cooperation Contract (ldquoBCCrdquo) must open a DICA in foreign currency andor in VND at
authorised bank
Capital remittance during pre-licence period
Prior to issuance of investment certificate foreign investors are permitted to remit capital in
foreign currency via payment account opened at an authorised bank to fund the project at
the preparation phase in accordance with agreement with involved parties
After obtaining the Investment Certificate the foreign investors must reconcile and finalise the
remitted capital amount during pre-licenced period
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
36
New penalties on administrative violations of foreign exchange control and banking
activities
On 17 October 2014 the Government issued Decree 962014ND-CP stipulating more
specifically on sanctioning of administrative penalties in terms of foreign exchange control and
banking activities
Notably Decree 96 stipulates the sanctions against foreign exchange violations including
Trading foreign currency with promotions brokerage commissions
Trading foreign currency at credit institutions (ldquoCIsrdquo) which are not allowed to exchange
currency
Failure to sell foreign currency gained to CIs and
Any transactions quoting pricing contract pricing or listing and advertising the price of
goods in foreign currency which violates the regulations including cases where the payment
for goods and services in foreign currencies are improperly implemented
The Decree came into force from 12 December 2014 and replacing Decree 2022004ND-CP
dated 10 December 2004 and Decree 952011ND-CP dated 20 December 2011
New guidance on registration of foreign loans without the Governmentrsquos guarantee
The SBV issued Circular 252014TT-NHNN (ldquoCircular 25rdquo) dated 15 September 2014 providing
guidance on registration of foreign loans that are not guaranteed by the Government
According to Circular 25 the following foreign loans are required to be registered with the SBV
Foreign loans with medium or long term and
Foreign loans of which the terms are extended with total extension period of more than one
year
Short-term loans without extension agreement which are outstanding after one year from the
date of first withdrawal However if borrowers repay the loans within ten days as from the date
of counting one year they will not be required to register the loans
New circular guiding on trust and acceptance of the trusteeship performed by CIs and
branches of foreign banks
On 6 November 2014 SBV issued new Circular No 302014TT-NHNN providing more detailed
guidance on the rights and obligations of trustee and trusters system of recording and reporting
entrustment activities Accordingly CIs and branches of foreign banks are allowed to be trustee
and accept trusteeship in loans making financial leasing capital contribution share purchase
investing in the projects of production business buying enterprise bonds provided that the
entrustment must be stated in written agreement and ensure ten specific requirements
This Circular came into effect from 1 January 2015
New guidance on dossiers and procedure to obtain approval for overseas investors to
purchase shares in Vietnamese CIs
SBV issued the Circular 382014TT-NHNN dated 8 December 2014 stipulating the specific
procedure for foreign investors to buy shares in CIs in Vietnam in the following cases
Purchase of shares which resulted in the ownership of 5 or more of charter capital in CIs
Additionally purchase of shares while already-owning 5 or more of charter capital in CIs
Purchase of shares which resulted in the ownership of 10 or more of charter capital in
CIs and
Purchase of shares and becoming strategic investors of CIs
Duration for SBV to assess the dossiers is 40 days from the date of submission Once the
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
37
approval is obtained investors must remit full amount of investing money within 30 days
This Circular takes effect from 1 January 2015 and cancels the previous relevant regulations
Taxation rulings and determinations
Scanning the List of Non-reporting Financial Institutions (ldquoFIsrdquo) that qualify as Deemed-
Compliant FFIs (ldquoDCFFIrdquo) (ie FATCA exemption) in accordance with Annex II IGA Model 1
Foreign Account Tax Compliance Act (ldquoFATCArdquo) comes into effect from 1 July 2014 For the
purpose of speeding up the Intergovernmental Agreement (ldquoIGArdquo) negotiation with the
Government of the United States of America SBV issued Official Letter No 2746TTGSNH1
dated 6 September 2014 requesting FIs to perform self-assessment according to Section III
Annex II of IGA Model 1 to determine whether they are entitled to FATCA exemption before 15
September 2014
Back to top
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
Contact us
Australia
Jenny Clarke
+61 2 9335 7213
jeclarkekpmgcomau
China
Khoonming Ho
+86 (10) 8508 7082
khoonminghokpmgcom
Hong Kong
John Timpany
+852 2143 8790
JohnTimpanykpmgcom
India
Naresh Makhijani
+91 22 3090 2120
nareshmakhijanikpmgcom
Indonesia
Erlyn Tanudihardja
+62 21 570 4888
erlyntanudihardjakpmgcoid
Japan
James Dodds
+81 3 6229 8230
jamesdoddsjpkpmgcom
Korea
Kim Kyeong Mi
+82 2 2112 0919
kyeongmikimkrkpmgcom
Malaysia
Guanheng Ong
+ 60 3 7721 3388
guanhengongkpmgcommy
Mauritius
Wasoudeo Balloo
+230 406 9891
wballookpmgcom
New Zealand
Paul Dunne
+64 9367 5991
pfdunnekpmgconz
Philippines
Herminigildo Murakami
+63 2 885 7000 ext 272
hmurakamikpmgcom
Singapore
Hong Beng Tay
+65 6213 2565
hongbengtaykpmgcomsg
Sri Lanka
Premila Perera
+94 11 2343 106
premilapererakpmgcom
Taiwan
Stephen Hsu
+886 2 8101 6666 ext 01815
stephenhsukpmgcomtw
Thailand
Kullakattimas Benjamas
+66 2 677 2426
benjamaskpmgcoth
Vietnam
Jeff Sea
+84 8 3821 9266
jeffseakpmgcomvn
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn
copy 2015 KPMG Tax Limited a BVI limited liability company operating in Hong Kong and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (KPMG International) a Swiss entity All rights reserved
General tax update for financial institutions in Asia Pacific
38
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The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity Although we
endeavour to provide accurate and timely information there can be no guarantee that such information is accurate as of the date it is received or that it will
continue to be accurate in the future No one should act upon such information without appropriate professional advice after a thorough examination of the
particular situation
copy 2015 KPMG a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International
Cooperative (ldquoKPMG Internationalrdquo) a Swiss entity All rights reserved Printed in Hong Kong
The KPMG name logo and ldquocutting through complexityrdquo are registered trademarks or trademarks of KPMG International
kpmgcomcn